Ganesh Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :02.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.23055 of 2021 Ganesh Kumar ... petitioner

Versus

State Rep by ... Respondent Inspector of Police, Central Crime Branch, Bank Fraud Team II, Vepery.

Chennai - 600 007.

(Crime No.190 of 2021) Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioner on bail in the event of their arrest in Crime No.190 of 2021 pending investigation on the file of the respondent police. For petitioner : Mr.M.Suresh For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest for the alleged offences under section 120(B), 420, 465, 467, 468 and 471 of I.P.C, in Crime No.190 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that one Mr. Hari Chandran approached the defacto complainant bank and took business loan for his company and he misappropriated the said loan amount for his personal use. Hence the defacto complainant lodged a complaint against the petitioner.

3. The learned counsel for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submits that investigation almost completed. He further submits that A1 and A2 were already arrested. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, 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 his appearance before the learned Metropolitan Magistrate for CCB cases, Egmore, Chennai 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 is directed to report before the respondent police daily 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A 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 METROPOLITAN MAGISTRATE, FOR CCB CASES, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, BANK FRAUD TEAM II, VEPERY, CHENNAI-600007.

+1 CC to M/S. M.SURESH Advocate on payment of necessary charges SR.NO.13906 CRL OP.23055/2021 Date :02/12/2021 TA-09/12/2021