Lakshmanasamy@Mani Bharathi v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.25695 of 2021 Lakshmanaswamy @ Mani Bharathi ... Petitioner Vs.

State by, The Inspector of Police, D.1.Triplicane Police Station.

(Crime No.991 of 2020) ... 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.991 of 2020, on the file of the respondent police. For Petitioner : Mr.S.Mahaveershivaji 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 420 of IPC, in Crime No.991 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, that the petitioner along with other accused had induced the defacto complainant and collected to the tune of Rs.9,50,000/-. for the purpose of securing Government job. Thereafter, the petitioner neither secured job nor returned the money. Hence, the defacto complainant lodged a complainant 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 they have been falsely implicated in this case. He further submits that he did not receive any money from the defacto complainant. The learned counsel, on instructions, would further submit that the petitioner, without prejudice to their rights, is ready to deposit the amount. Accordingly, the petitioner is directed to deposit Rs.3,00,000/- to the credit of the crime number and the same is ordered 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 Rs.3,00,000/- will be returned to the petitioner. He further submits that first petitioner already arrested. Hence, they prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor submits that the investigation almost completed and has no previous case pending against the petitioner. 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 directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the Learned Metropolitan Magistrate -II, Egmore 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.3,00,000/- (Rupees Three Lakhs Only) to the credit of Crime No.991 of 2020 within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier before the Learned Metropolitan Magistrate-II, Egmore 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.3,00,000/- deposited by the

petitioner to the credit of Crime No.991 of 2020 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 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 on every Wednesday and 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/- 03/01/2022 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, NO.II, EGMORE.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, D1-TRIPLICANE POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. S.MAHAVEERSHIVAJI Advocate on payment of necessary charges SR.NO.152 CRL OP.25695/2021 Date :03/01/2022 JPA 07/01/2022