Ranjidha v. State Rep By

A.D.JAGADISH CHANDIRA,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 408, 471 and 477(A) IPC in Crime No.7 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant was the deputy registrar of Saravana Bhava cooperative 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 complaint.

3.The learned counsel appearing for the petitioner would submit that earlier, the petitioner was granted anticipatory bail by this Court in Crl.O.P.No.15491 of 2022, on the undertaking given by her 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 1/5

earlier order got lapsed. However, the petitioner has now raised money and prepared to deposit a sum of Rs.3,00,000/- to the credit of crime No.7 of 2022 and a sum of Rs.1000/- to the credit of District Legal Services Authority, Cuddalore. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that the total cheated amount to the tune of Rs.8,95,618,80/- and hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Taking into account that the petitioner is now ready and willing to deposit the amount already imposed by this Court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.3,00,000/- (Rupees Three Lakh Only) to the credit of crime No.7 of 2022 and in addition, a sum of Rs.1000/- (Rupees One Thousand Only) 2/5

to the credit of District Legal Services Authority, Cuddalore, within a period of three 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, before the learned Judicial Magistrate-I, Cuddalore on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two blood related 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 blood related 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.3,00,000/- (Rupees Three Lakh Only) to the credit of crime No.7 of 2022, before the concerned Magistrate and in addition, a sum of Rs.1000/- (Rupees One Thousand Only) to the credit of District Legal Services Authority, 3/5

Cuddalore, within a period of three weeks from the date on which the order copy made ready.

[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioner shall appear before the respondent police daily at 10.30 a.m. and 5.30 p.m for a period of four weeks until further orders.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] the petitioner shall not abscond either during investigation or trial.

[g] 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].

[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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A.D.JAGADISH CHANDIRA,J.

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