Madras High CourtCRL OP(MD)/1517/2021granted

Vaitheeswari v. The Inspector Of Police

2021-03-02Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Vaitheeswari ... Petitioner/Accused No.2 Vs State rep.by, The Inspector of Police, Watrap Police Station, Virudhunagar District (Crime No. 54/2020) ... Respondent/Complainant For Petitioner : M/s.Mohamed Hashim.A., Advocate.

For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. 54 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 406, 420, 465, 467, 468, 477A and 120(b) of I.P.C., in Crime No.54 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The case of the prosecution is that the petitioner is employed as Joint Protector in Kosamattam Finance, Watrap. During surprise inspection, it was found that the petitioner colluded with other two accused had substituted the gold jewels by covering gold. They misappropriated and cheated the defacto complainant's company 1/3

to the tune of Rs.8,60,734/-. They have created loan accounts in the name of the customers, who have not availed loan.

4. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He further submitted that A1 is the main accused, who has been granted anticipatory bail by this Court.

5.The learned Government Advocate (Crl. Side) submitted that the petitioner colluded with the other accused and committed the crime. The custodial interrogation of the petitioner is warranted.

6.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Srivilliputhur, Virudhunagar District, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 shall report before the respondent police as and when required for interrogation.

(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]; and; 2/3

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 02/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

IAS Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO THE JUDICIAL MAGISTRATE NO.I, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.1517 of 2021 Date :02/03/2021 NR/PN/SAR-4(05.03.2021) 3P:5C 3/3