R.Soundarajan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.12.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.25044 of 2021 R.Soundarajan ... Petitioner Vs.

The State Rep. by Inspector of Police, District Crime Branch, Vellore.

(Crime No.19 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. 19 of 2021, on the file of the Respondent Police. For Petitioner : Mr.B.Lenin Balu 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 Sections 406, 465, 467,468,471,420,120(b) of Indian Penal Code, in Crime No.19 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is there are totally 8 accused in this case and the petitioner is arrayed as A2. It is alleged that the defacto complainant is a branch manager in Union Bank of India and A1 is working as appraiser at Co-Operative Bank. It is further alleged that A1 colluded with A2 to A8 and thereby pledged spurious gold ornaments and got 15 gold loans. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner have 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 his rights, is ready to deposit the amount of Rs.1,00,000/- (One lakh only) to the credit of the crime number. Hence, they prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor submits that the investigation completed and further 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. 6.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-IV, Vellore 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.1,00,000/- (Rupees One Lakh Only) to the credit of Crime No.19 of 2021 before Judicial Magistrate-IV, Vellore 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.1,00,000/- deposited by the petitioner to the credit of Crime No.19 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 daily 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/- 23/12/2021 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.IV, VELLORE.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VELLORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. B.LENIN BALU Advocate on payment of necessary charges SR.NO.15557 CRL OP.25044/2021 Date :23/12/2021 JPA 03/01/2022