Alamelammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI V.Alamelammal ... Petitioner/Accused No.1 Vs State rep.by the The Inspector of Police, Vigilance & Anti Corruption Wing, Madurai.

Crime No.12 of 2020.

... Respondents/Complainant For Petitioner : M/S.J.Saranya, Advocate for Mr.N.Sathish Babu, Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.12 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 109, 120(B), 406, 409, 418, 467, 468, 471 of IPC and Sections 13(2) r/w 13(1)(c) & (d) of Prevention of Corruption Act 1988, in Crime No.12 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused had created bogus records and false bills and thereby misappropriated the government funds. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent persons and she has been falsely implicated in this case. However, he would further submit that the petitioner, without prejudice to her rights, is ready to deposit the amount that may be imposed by this Court.

1/3

4. The learned Government Advocate (crl.side) appearing for the respondent police submitted that the petitioner along with other accused persons misappropriated the Government funds and also submitted that the investigation is still pending. He would further submit that no previous case is pending against the petitioner.

5. Considering the facts and circumstances of the case and also considering the antecedents of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this criminal original petition is allowed and the petitioner 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 Judge, Trial of Cases under Prevention of Corruption Act, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner shall pay a sumof Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Idhayangal Charitable Trust, Account No.6517087788, IFSC Code: IDIB000K169, Indian Bank, KMCH Goldwins Branch, Avinashi Road, Coimbatore-641 014, Phone No.00918526421150 or 00919042858882 email snehasswaminathan@gmail.com within a period of two weeks without prejudice to her rights and contentions before the trial Court. The petitioner shall execute the sureties on showing the receipt of the said amount.

[c]the petitioner shall report before the respondent police on every Tuesday and Friday at 10.30 a.m., until further orders. [d]the petitioner shall not tamper with the 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]. 2/3

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

sd/- 06/10/2022 / TRUE COPY / /10/2022 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 SPECIAL JUDGE, SPECIAL COURT FOR TRIAL OF CASES UNDER PREVENTION OF CORRUPTION ACT, MADURAI.

2. THE INSPECTOR OF POLICE, VIGILANCE AND ANTI- CORRUPTION WING, MADURAI.

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

COPY TO :

THE OFFICER-INCHARGE, IDHAYANGAL CHARITABLE TRUST, SITE 10 TO 11, NATCHATRA CLASSIC PHASE 2, GREENFILED HOUSING, ERA MOHAN NAGAR, KALAPATTI, COIMBATORE-641 048.

+1 CC to M/s.N.SATHISH BABU, Advocate (SR-11111[I] dated 10/10/2022 )

ORDER

IN CRL OP(MD) No.17907 of 2022 Date :06/10/2022 TTA USK/SVR/SAR-I/10.10.2022/3P/6C 3/3