K.Ranjitha v. State Rep By
RMT.TEEKAA RAMAN, J.
The petitioner, who apprehends arrest for the alleged offences under Sections 408, 471 and 477(A) of IPC in Crime No.7 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant was the deputy registrar of Saravana Bhava co-operative society, where the petitioner worked as a pharmacist. It is alleged that the petitioner herein has misappropriated to the tune of Rs.8,95,618,80/-. Hence, the case. 3.The learned counsel for the petitioner would submit that earlier, the petitioner was granted anticipatory bail by this Court in Crl.O.P.Nos.15491 & 24020 of 2022 on the undertaking given by her on 19.10.2022 that she was ready to deposit a sum of Rs.3,00,000/- to the credit of Crime No.7 of 2022. However, due to her poor financial condition, she was unable to raise the fund and surrender before the trial Court. Thereby, the earlier order got lapsed. However, the petitioner has now raised a sum of Rs.1,50,000/- to the
credit of crime No.7 of 2022. Therefore, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (crl.side) appearing for the respondent Police would submit that the total cheated amount to the tune of Rs.8,95,618,80/- and earlier two times, the petitioner was granted anticipatory bail by this Court. Hence, he seeks for dismissal of the petition.
5. Heard both sides and perused the entire materials available on record.
6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and the petitioner is now ready and willing to deposit a sum of Rs.1,50,000/- to the credit of Crime No.7 of 2022, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is directed to deposit a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) to the credit of Crime No.7 of 2022 within a period of two weeks from the date on which the order copy made ready and on such deposit, 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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Cuddalore 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.1,50,000/- (Rupees One Lakh and Fifty Thousand only) to the credit of Crime No.
concerned Magistrate, within a period of two weeks from the date on which the order copy made ready. [c] the petitioner shall report before the respondent police daily at 10.30 a.m., 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];
[g If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC;
21.08.2023 vkr
RMT.TEEKAA RAMAN, J.
vkr 21.08.2023