Uma v. The Inspector Of Police
Crl.O.P.No.20920 of 2020 The matter is listed today under the caption "For Being Mentioned" at the instance of the learned counsel for the petitioner.
2. Earlier, this Court had granted anticipatory bail to the petitioner in Crl.O.P.No.20920 of 2020 dated 16.04.2021, in the order copy the Crime number is mentioned as Crime No.1516 of 2020, but the correct one is Crime No.1562 of 2020. Therefore the learned counsel for the petitioner made request to make necessary corrections in the said order and for reissue of the order copy.
3. All other conditions imposed on the petitioner shall remain intact except for the above said correction.
4. Registry is directed to carry out the necessary correction in the order dated 16.04.2021 and issue a fresh copy of the order to the learned counsel for the parties.
09.08.2021 msrm
msrm Crl.O.P.No.20920 of 2020 09.08.2021
Crl.O.P.No.20920 of 2020 M.DHANDAPANI, J (The case has been heard through video conference) The petitioner, who apprehend at the hands of the respondent police for the alleged offence under Sections 409, 420 of IPC in Crime No.1516 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is said to have swindled to the tune of Rs.42.52 as she was working as Assistant Manager (Rural Marketing and Recovery Officer) in State Bank of India, Tirupattur Branch and thereby cheated the Bank. Hence, the complaint was registered. 3.The learned counsel appearing for the petitioner would submit that the petitioner remitted the entire misappropriated amount to the Bank and that she is ready to abide any conditions as imposed by this Court. Hence he prays for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the entire amount has been recovered along with interest to the tune of Rs.60 lakhs from the petitioner and returned to the Bank and further stated that apart from this case, there is no previous case pending against the petitioner.
5.Taking into consideration the facts and circumstances of the case and also the fact that the entire amount has been recovered along with
interest from the petitioner, 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 her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thirupattur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- each (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 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond either during investigation or trial; (e)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;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
16.04.2021 kal
kal Crl.O.P.No.20920 of 2020 16.04.2021