Mohan v. The State Of Tamilnadu Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :16.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24593 of 2021 1.Mohan.M
...Petitioners
2.Santhosh.M
Versus
State Rep by Inspector of Police, Tambaram Police Station, Chennai.
(Crime No.701 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioners on bail in the event of their arrest in Crime No.701 of 2021 pending investigation on the file of the respondent police. For Petitioners :
Mr.M.Ajmalazzath For Respondent :
Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under section 420 of IPC, in Crime No.701 of 2021 seeks anticipatory bail. 2.The case of the prosecution is that the petitioners are Managers and Collection agent of H.D.B. Financial Service Ltd. It is alleged that the defacto complainant availed loan by pledging Gold Jewels and received a sum of Rs.4,21,000/-, Due to pandemic situation, the defacto complainant had not paid some of the arrears and further the Representatives had given mental torture by regular phone calls at late night. It is further alleged that on 22.10.2020, auction was conducted to the pledged gold jewels. Hence, the defacto complainant lodged a complaint before the Law Enforcing Agency. 3.The learned Counsel appearing for the petitioners would submit that the petitioners 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 petitioners, without prejudice to their rights, are ready to deposit
the amount of Rs.50,000/- (Fifty Thousand only) each to the credit of the crime number. Hence, they prays for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.Side) submits that on 22.10.2020, auction was conducted to the pledged gold jewels without the knowledge of the defacto complainant but investigation almost completed. Hence, he opposed for grant of anticipatory bail to the petitioners.
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with the following conditions.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance before the IX Metropolitan Magistrate, Saidapet, Chennai on condition that the petitioners 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 petitioners shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the credit of Crime No.701 of 2021 before IX Metropolitan Magistrate, Saidapet, Chennai 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/-each deposited by the petitioners to the credit of Crime No.701 of 2021 within a period of two weeks thereafter;
(b)the petitioners 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 petitioners shall report before the respondent police as and when required.
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 IX METROPOLITAN MAGISTRATE SAIDAPET, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, TAMBARAM POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.M.AJMALAZZATH Advocate on payment of necessary charges CRL OP.24593/2021 Date :16/12/2021 CSK 05/01/2022