S.Santhana Priya v. The State Rep By The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Tenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21062 of 2021 S.SANTHANA PRIYA [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KRISHNAGIRI.

(CR NO. 6 OF 2021) For Petitioner : M/S.C.MUNUSAMY Advocate For Respondent : MR.A.GOKULAKRISHNAN, Additional Public Prosecutor 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 offences Under Sections 420,471 and 409 of IPC, in Crime No.6 of 2021 seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is the Assistant General Manager, State Bank of India, Hosur has lodged a complaint on the allegations that the petitioner has obtained loan under Pradhan Mantri Mudra Yojana on 18.12.2019 by producing bogus documents.

3.The learned counsel appearing for the petitioner submitted that the petitioner is a MSC graduate and preparing for TRB Examinations. He further submits that the petitioner is no way connected with the occurrence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor submits that the said Bank Manager M.M.B. Ranganathan has several previous cases similar in nature. He submitted that the loan amount has been sanctioned by fabricating the signature of the persons. He further submitted that the Bank Manager has been suspended from the services. However, he opposed grant of anticipatory bail to the petitioner. As per FIR allegation, the petitioner attempted to transfer the

"MUTHRA LOAN' amount to his savings account. All documents were collected by the investigating agency from the said bank. He further submits that the investigation almost completed.

5. In view of the above submissions, 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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No. II, Krishnagiri on condition that the petitioners 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 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 appear before the Respondent Police Station daily at 10.30 a.m for two weeks and thereafter as and when for interrogation;

(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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

-sd/- 10/11/2021 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, KRISHNAGIRI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KRISHNAGIRI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.C.MUNUSAMY Advocate on payment of necessary charges SR.NO.12584 CRL OP.21062/2021 Date :10/11/2021 CSK 17/11/2021