M.Boopathi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eighth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19093 of 2021 M.BOOPATHI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VELLAVEDU POLICE STATION, THIRUVALLUR DISTRICT (CRIME NO.509 OF 2021) For Petitioner : M/S K.PRADEEP RAJ Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 420 and 506(i) of I.P.C. in Cr.No.509 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is doing scrap business and is alleged to have received a sum of Rs.15 Lakhs from the defacto complainant assuring to give a part of the profit, however, he neither gave profit nor returned the money. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. The learned counsel, on instructions, further submitted that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.15 Lakhs to the credit of the crime number and also conceded the same to be disbursed to the defacto complainant. However, the learned counsel submitted that before disbursing the amount to the defacto complainant, an appropriate affidavit of undertaking shall be obtained from the defacto complainant.

4.The learned Government Advocate submitted that in the event of the petitioner depositing the amount, this Court may consider for grant of anticipatory bail to the petitioner. 5.Earlier the petitioner has filed Crl.O.P.No.17157 of 2021 seeking anticipatory bail and this Court dismissed the said petition on the ground that investigation is at initial stage. However, now the petitioner is ready to deposit a sum of Rs.15 Lakhs to the credit of the crime number. Hence considering the change in circumstances, this Court is inclined to grant anticipatory bail to the petitioner. 6.

Accordingly, 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 of receipt of a copy of this order, before the learned Judicial Magistrate II, Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.

(a)the petitioner shall deposit a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to the credit of Cr.No.509 of 2021 before the learned Judicial Magistrate II, Poonamallee. On such deposit being made, the learned Judicial Magistrate II, Poonamallee, shall obtain an affidavit of undertaking from the defacto complainant stating that in the event of the petitioner succeeding the case, the amount of Rs.15 Lakhs deposited by the petitioner will be returned to the petitioner and after obtaining such affidavit of undertaking from the defacto complainant, shall disburse the said amount to the defacto complainant within a period of two weeks thereafter; (b)the petitioner and 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 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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 08/10/2021 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.II, POONAMALLEE.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, VELLAVEDU POLICE STATION, THIRUVALLUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S K.PRADEEP RAJ Advocate on payment of necessary charges SR.NO.11356 CRL OP.19093/2021 Date :08/10/2021 JPA 12/10/2021