Ranganathan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24136 of 2021 Ranganathan

...Petitioner

Versus

State Rep by Inspector of Police, District Crime Branch, Krishnagiri, Krishnagiri District.

(Crime No.6 of 2021) ... Respondent 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.6 of 2021 pending investigation on the file of the respondent police. For Petitioner :

Mr.P.Sathya For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under section 420, 471, 409 I.P.C, in Crime No.6 of 2021 seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is A2, who is the Branch Manager of State Bank at Hosur. As per FIR, the petitioner allegedly sanctioned two times Rs.10,00,000/- to A1 without any proper documents. Hence, the Law Enforcing Agency registered a case against the petitioner.

3.The learned Counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he 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.50,000/- (Fifty Thousand only)to the credit of the crime number. Hence, they prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submits that co-accused released on bail. However, 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 with the following conditions.

6.Accordingly, the petitioner are ordered to be released on bail in the event of arrest or on his appearance before the Learned Judicial Magistrate -II, Krishnagiri District on condition that the petitioner shall execute a bond for 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 shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) to the credit of Crime No. 6 of 2021 before Learned Judicial Magistrate -II, Krishnagiri, 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 that the the amount of Rs.50,000/- deposited by the petitioner to the credit of Crime No.6 of 2021 within a period of two 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 as and when required.

(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/- 16/12/2021 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.II, KRISHNAGIRI DISTRICT.

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

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. A.P.SATHIYAMURTHY Advocate on payment of necessary charges SR.NO.14941 CRL OP.24136/2021 Date :16/12/2021 RW 04/01/2022