Vidhya v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Fifteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16850 of 2021 VIDHYA [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, E1 SINGANALLUR POLICE STATION, COIMBATORE CRIME NO.621/2021 For Petitioner : M/S.B.KUMARASAMY Advocate For Respondent : M/S. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 409 & 420 of I.P.C in Cr.No.621 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the De-facto Complainant pledged 420 grams of gold jewels for a sum of Rs.
9,00,000/- at Geo VPL Finance Private Limited, Ondipudur Branch. The accused persons redeemed the same and re-pledged with another finance and obtained the amount without the knowledge of the De-facto Complainant. When the De-facto Complainant questioned them, they threatened the De-facto Complainant. Hence the Complaint.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. Hence prays for grant of anticipatory bail.
4.The learned Additional Public Prosecutor submitted that the investigation is pending in this case and the 3rd accused enlarged on bail by this Court in Crl.O.P.No.14645 of 2021 vide order dated 16.08.2021.
5. Considering the facts and circumstances of the case and since the 3rd accused enlarged on bail by this Court in Crl.O.P.No.14645 of 2021 vide order dated 16.08.2021, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, the petitioner is granted anticipatory bail and she is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No-III, Coimbatore on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c)the petitioner shall report before the respondent police daily as and when required until further orders;
(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial;
(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 15/09/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE NO.3 COIMBATORE 2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, E1 SINGANALLUR POLICE STATION, COIMBATORE 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.B.KUMARASAMY Advocate on payment of necessary charges SR.No.10089 CRL OP.16850/2021 Date :15/09/2021 APN 23/09/2021