Karthiga Priyadharsini v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.22596 of 2021 Mrs. karthiga Priyadharsini ... Petitioner Vs.

State by, The Inspector of Police, Thiruporur Police Station, Kanchipuram District.

(Crime No.196 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioner on bail, in the event of his arrest by the respondent police in the case pending investigation in Crime No.196 of 2021, on the file of the respondent police. For Petitioner : Mr.B.Gopalakrishnan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor For Intervenor : Mrs.S.Lakhsmi

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 420, 294(b) & 506(ii) of IPC, in Crime No.196 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are facebook friends. It is alleged that the petitioner repeatedly insisted the defacto complainant to lend some money and thereby the defacto complainant arranged a sum of Rs.7,00,000/- as two parts to the petitioner. While so, the petitioner once again asked for money stating that she is in need of funds for medical treatment, due to which the defacto complainant gave Rs.3,30,000/-.It is alleged that, on the whole the defacto complainant

had deposited Rs.10,30,000/- to the petitioner's bank account. When the defacto complainant asked for repayment of the loan amount, the petitioner refused to repay the amount and abused her in a filthy language.

3. The learned Counsel appearing for the Intervenor vehemently opposed for granting of anticipatory bail to the petitioner by stating that the petitioner is a habitual offender and had a habit of making intentionally close relationship with random people and with malafide intention borrowed money and did not return it back. 4.The learned counsel appearing for the petitioner would submit that the petitioner have not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. The learned counsel, on instructions, would further submit that the petitioner, without prejudice to their rights, are ready to deposit the amount of Rs.4,00,000/- to the credit of the crime number and also conceded the same to be disbursed to the defacto complainant.

However, the learned counsel submitted that before disbursing the amount to the defacto complainant, an affidavit of undertaking shall be obtained from the defacto complainant stating that in the event of the petitioner succeeding the case, the amount of Rs4,00,000/- will be returned to them. Hence, they prays for grant of anticipatory bail to the petitioner.

5.The learned Government Advocate (Crl.Side) submits that the investigation is still pending. Hence, he opposed for grant of anticipatory bail to the petitioner.

6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. 7.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.1, Chengalpattu, 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 and on further condition that:

(a) the petitioner shall deposit a sum of Rs.4,00,000/- (Rupees Four Lakhs Only) to the credit of Crime No.196 of 2021 before Judicial Magistrate No.1, Chengalpattu, within a period of three weeks from the date of receipt of a copy of this order. On such deposit being made, the learned Magistrate, shall obtain an affidavit of undertaking from the defacto complainant stating that in the event of the petitioner succeeding the

case, the amount of Rs.4,00,000/- deposited by the petitioner to the credit of Crime No.196 of 2021 will be returned to the petitioner and after obtaining such affidavit of undertaking from the defacto complainant, shall disburse the said amount to the defacto complainant within a period of three weeks thereafter;

(b)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; (c)the petitioner shall report before the respondent police on every Saturday 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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 02/12/2021 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.I, CHENGALPET.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, THIRUPORUR POLICE STATION, KANCHIPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.B.KUMARASAMY Advocate on payment of necessary charges SR.NO.13942 CRL OP.22596/2021 Date :02/12/2021 JPA 13/12/2021