Sangeetha v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.22077 of 2021 Sangeetha
...Petitioner
Vs.
STATE, represented by
...Respondent
The Inspector of Police G7, Chetpet Police Station Chennai (Crime No.332 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in the Crime No. 332 of 2021 pending investigation on file of the respondent police. For Petitioner : Mr.S.Michael For Respondent : Mr.N.S.Suganthan Government Advocate
ORDER
(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 06.10.2021for the offences under Sections 147, 148, 452, 364A, 397, 506(ii) read with 120b of IPC, in Crime No.332 of 2021, on the file of the respondent police seeks bail.
2. The case of the prosecution is that the petitioner along with other accused kidnapped the victim namely Musa and detained him illegally for ransom in the rehabilitation centre run by the petitioner and her husband. Hence, the complaint.
3. The learned Counsel for the petitioner submitted that the petitioner is aged about 28 years. The petitioner and her husband are running a rehabilitation centre for the past 14 years but for that she is nothing to do with the alleged offence and that the petitioner has been suffering incarceration for more than 45 days from 06.10.2021. He would further submit that initially the case was
registered for "man missing" in Crime No.561 of 2021 and thereafter, the case was transferred to the respondent police for jurisdictional purpose and subsequently, the case was registered in Crime No.332 of 2021 for the offences as stated above. He would submit that the husband of the petitioner has been granted anticipatory bail by this Court in the above said Crime No.561 of 2021. Hence, he seeks for grant of bail to the petitioner
4. The learned Government Advocate (Crl. Side) raised objection stating that the victim was kidnapped and kept in the rehabilitation center run by the petitioner and subsequently, the victim was secured and handed over to his son/defacto complainant.
5. Taking into consideration that the husband of the petitioner has been granted anticipatory bail and that the investigation is almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on her executing 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 learned II Metropolitan Magistrate, Egmore, and on further conditions that:
(a)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 report before the respondent police on every Wednesday and Saturday 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.
7. The respondent police is directed to verify with the concern Municipality / Corporation whether the rehabilitation centre namely "Super Natural Dream" run by the petitioner is properly authenticated and if not, take action in accordance with law. -sd/- 24/11/2021 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 II METROPOLITAN MAGISTRATE EGMORE, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI 3 THE INSPECTOR OF POLICE, G7, CHETPET POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 6 THE GREATER CHENNAI CORPORATION, CHENNAI +2 CC to M/S.S.MICHAEL Advocate on payment of necessary charges SR.No.13397 CRL OP.22077/2021 Date :24/11/2021 APN 24/11/2021