Ananthi v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of May Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.6742 of 2021
1. Ananthi
2. Vijaya ... Petitioners/Accused A3 and A4 Vs State Represented by, The Sub Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.
Crime No. 52 of 2021.
... Respondent/Complainant For Petitioners : M/s.Senthoorpandi P, 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.52 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused Nos.3 and 4, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 120(B), 201, 403, 406, 408, 420, 465, 468, 471 and 506(i) of IPC and Section 65 of the Information Technology Act, 2020 in Crime No.52 of 2021, seek Anticipatory Bail.
2.The case of the prosecution is that the accused in this case had cheated the de-facto complainant to the tune of several crores. Very many persons involved in the commission of offence, forging the documents and misappropriation. This petitioners are also involved in the commission of offence.
3.The learned counsel for the petitioners submitted that the first petitioner is not in service and the second petitioner has already been retired from service. He would further submit that A-1, A-2, A-5 and A-8 were arrested and released on bail by the Principal District Judge, Madurai in Crl.M.P.Nos.2208 and 2209 of 2021 on 17.03.2021 and A9, A13, A14 and A15 were granted anticipatory bail by this Court in Crl.O.P.(MD)No.3159 of 2021 on 01.04.2021 and A11 was granted anticipatory bail by this Court in Crl.O.P.(MD)No.5942 of 2021 on 27.04.2021. Therefore, he seeks anticipatory bail. 4.The learned Government Advocate (criminal side), strongly opposed this petition on the ground that the investigation is pending.
5.Taking note of the fact that the petitioners are not prime accused and also the fact that the co-accused were already granted bail and anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.7.Accordingly, the petitioners are 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 learned Judicial Magistrate, Tirumangalam, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Tirumangalam and on further conditions that:
[a]the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar cards or Bank pass Books to ensure their identity. [b]Each of the petitioners shall deposit a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), within a period of two weeks without prejudice to their rights and contentions before the trial Court;
[c] the petitioners shall report before the respondent police on the first working day of every English Calendar month, at 10.30 a.m., until further orders.
[d]the petitioners shall not abscond either during investigation or trial.
[e]the petitioners shall not tamper with evidence or witness 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 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]. [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 12/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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 1 THE JUDICIAL MAGISTRATE, TIRUMANGALAM.
2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE SUB INSPECTOR OF POLICE THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5 COPY TO: THE BRANCH MANAGER, IOB, SECRETARIAT BRANCH, CHENNAI-9 (ACCOUNT NO.11720 10000 00070, IFSC CODE: IOBA0001172)
ORDER
IN CRL OP(MD) No.6742 of 2021 Date :12/05/2021 LS CSL/MNR/SAR-IV/20.05.2021 : 3P/6C