Madras High CourtCRL OP/18343/2022granted

R.Sathana v. State Rep By,

2022-08-04Honourable Mr Justice G.K. Ilanthiraiyan6 pages

G.K.ILANTHIRAIYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Section 420 of IPC, in Crime No.27 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with her husband have induced the defacto complainant, who is a gold smith and purchased jewels worth about Rs.48,48,240/- on the promise that it would be sold in the jewellery shop and thereafter they failed to repay amount and cheated the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioner would submit that already the petitioner was granted anticipatory bail by this Court on 29.09.2020. The petitioner was directed to deposit the original title deeds of immovable property worth about Rs.25 Lakhs to the credit of Crime No.27 of 2020 either belonging to the petitioner or relatives or third parties and shall also deposit a sum of Rs.5,00,000/- to the credit of Crime No.27 of 2020.

However, the petitioner was unable to deposit and execute the sureties within the time stipulated by this Court. Therefore, the petitioner has again filed the present petition seeking for anticipatory bail.

4. The learned Additional Public Prosecutor admitted that the petitioner was earlier granted anticipatory bail by this Court. However, the petitioner has not executed the sureties as directed by Court.

5. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Tamil Nadu Legal Services Authority and shall also deposit the original title deeds of immovable property worth about Rs.25 Lakhs to the credit of Crime No.27 of 2020 either belonging to the petitioner or relatives or third parties and shall also deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of

Crime No.27 of 2020, within a period of two weeks from the date of receipt of a copy of this order and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Villupuram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Tamil Nadu Legal Services Authority and shall also deposit the original title deeds of immovable property worth about Rs.25 Lakhs to the credit of Crime No.27 of 2020 either belonging to the petitioner or relatives or third parties and shall also deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of Crime No.27 of

2020, within a period of two weeks from the date of receipt of a copy of this order and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond; [c] the petitioner shall report before the respondent police daily at 10.30 a.m, for a period of two weeks and thereafter as and when required for interrogation.

[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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

04.08.2022 mn G.K.ILANTHIRAIYAN, J.

04.08.2022