Sampoornam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/12/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Sampoornam ... Petitioner/Accused No.13 Vs State Rep. by The Inspector of Police, Commercial Crime Investigation Wing, CID,(CCIW-CID), Trichy.

Crime No.2 of 2020.

... Respondent/Complainant For Petitioner : M/s.T.Vadivelan, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.2 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A13 herein was arrested and remanded to Judicial Custody on 22.10.2020 for the offences punishable under Sections 120(B), 467, 468, 471, 477(A), 408, 409 and 420 IPC 2.The case of the prosecution is that huge amount was misappropriated by disbursing loan to bogus self help groups by the petitioner and other accused and caused great financial loss to the Co-operative Society. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in the above case. He would also submit that co-accused in this case were granted anticipatory bail by this Court.

4.The learned Government Advocate(Crl.Side) appearing for the State would submit that there are totally 20 accused in this case and the petitioner herein is arrayed as A13. He would also submit that the petitioner is one of the Board of Director and all the Directors, Secretary have disbursed the loan amount in favour of 1/3

bogus self help groups and swindled all the amount. He would also submit that co-accused in this case were granted anticipatory bail by this Court.

5. Taking into consideration the facts and circumstances of the case and also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner by imposing conditions.

6.Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions [a] the petitioner shall deposit a title deed which stands in her name or in her relative's name or in her friends'name worth about Rs.50 lakhs along with the property valution certificate from the Authorities competent, before the concerned Court [b] On such deposit,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 learned Judicial Magistrate, Musiri [c] the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court 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 daily at 10.30 a.m for a period of four weeks and thereafter as and when required for interrogation.

[e]the petitioner shall not abscond either during investigation or trial.

[f]the petitioner shall not tamper with evidence or witness 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 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]. [h]If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 01/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, MUSIRI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE INSPECTOR OF POLICE, COMMERCIAL CRIME INVESTIGATION WING, CID,(CCIW-CID), TRICHY.

4 THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN, TRICHY.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.13694 of 2020 Date :01/12/2020 aav JM/PN/SAR II/01.12.2020/3P/6C 3/3