T Daisy Rani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI T.DAISY RANI ... PETITIONER / ACCUSED 7 Vs THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION ... RESPONDENT For Petitioner : M/S.WILLIAM CHRISTOPHER.J Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:- FOR ANTICIPATORY BAIL IN CRIME NO. 2/2024 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioner / Accused No.7, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 120(b) and 409 IPC and Section 13(2) r/w 13(1(a) of Prevention of Corruption Act, 1988 in Crime 1/5
No.2 of 2024 on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the accused persons have misappropriated the RMSA (Rashtriaya Madhyamik Shiksha Abhiyan) funds sanctioned for procurement of furniture to 23 Government Schools of Trichy District for the period 2019-2020 and 2020-2021 by violating guidelines issued by the State Project Officer, Samagra Shiksha Scheme, Directorate of State Project, Chennai-6.
3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. However, on instructions, he would further submit that the petitioner, without prejudice to her rights, is ready to deposit a sum of Rs.3,00,000/- to the Government Adidravider Welfare High School, Koppampatti, School Development and Management Committee, Account No.880701423, Branch : Indian Bank, Cantonment, Trichy.
4. The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that the investigation is going on.
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 granted anticipatory bail and she is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Special 2/5
Judge for Prevention of Corruption Act Cases, Trichy, 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). As per the undertaking given by the petitioner, the petitioner shall deposit a sum of Rs.3,00,000/-(Rupees Three Lakhs only) to the credit of the Government Adidravider High School, Koppampatti, School Development and Management Committee, Account No.880701423, Branch : Indian Bank, Cantonment, Trichy without prejudice to her rights and contentions before the trial Court and the petitioner is directed to produce the receipt/acknowledgment before the trial Court while executing the sureties.
(b).if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(c).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;
(d)the petitioner shall report before the respondent police as and when 3/5
required for interrogation;
(e)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(f)the petitioner shall not abscond either during investigation or trial; (g)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; (h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 06/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE SPECIAL JUDGE FOR PREVENTION OF CORRUPTION ACT CASES, TRICHY.
2 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION 4/5
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE HEAD MASTER GOVERNMENT ADIDRAVIDER HIGH SCHOOL, KOPPAMPATTI, SCHOOL DEVELOPMENT AND MANAGEMENT COMMITTEE,
ORDER
IN Date :06/03/2024 SA/VR/SAR. /15.03.2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5