Madras High Court
M.Rajammal vs The State on 4 September, 2020
Author: M.Dhandapani
Bench: M.Dhandapani
_________
CRL. O.P. No.10605 /2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 04.09.2020
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
CRL. O.P. NO. 10605 OF 2020
AND
CRL. M.P. NO. 5273 OF 2020
M.Rajammal .. Petitioner
- Vs -
The State, rep. by
Sub Inspector of Police
S-8, Adambakkam Police Station
Adambakkam, Chennai. .. Respondent
Criminal Original Petition filed u/s 438 of the Criminal Procedure Code
praying this Court to enlarge the petitioner on bail in the event of arrest pending
investigation in Crime No.619 of 2019 on the file of the respondent police.
For Petitioner : Mr. K.Thenrajan
For Respondents : Ms. Saveetha, GA (Crl. Side)
Mr. M.Palanivel for Intervener
ORDER
The petitioner is the accused in above crime, which was registered by the 1/8 http://www.judis.nic.in _________ CRL. O.P. No.10605 /2020 respondent police against the petitioner for the offences u/s 406, 420 and 409 IPC. Though initially this Court had granted bail to the petitioner on condition that the petitioner furnish property security to the tune of Rs.20,00,000/-, which was duly complied with, however, subsequent to the submissions made before this Court as to the act of the petitioner, the anticipatory bail granted was cancelled. Thereafter, another anticipatory bail application was dismissed, which has prompted the petitioner to file the present application for anticipatory bail.
2. Learned counsel appearing for the petitioner submits that the total amount borrowed by the petitioner is to the tune of Rs.18.77 Lakhs and in furtherance to the direction of this Court, title deeds of property valued at Rs.25 Lakhs has been deposited with the Bank. It is the further submission of the learned counsel for the petitioner that without prejudice, the petitioner is prepared to deposit a sum of Rs.10,00,000/= (Rupees Ten Lakhs only) within two weeks from the date of receipt of a copy of this order with the Bank whereupon direction may be issued to the bank to release the title deeds of the property and the petitioner will pay the balance amount that is due to the bank with nominal interest as may be ordered by this Court within a period of four weeks from the 2/8 http://www.judis.nic.in _________ CRL. O.P. No.10605 /2020 date of release of the title deeds.
3. Learned counsel appearing for the Bank/intervener as also the learned Government Advocate have no serious objection for grant of anticipatory bail by imposing stringent conditions.
4. This Court heard the learned counsel on either side and also also perused the materials available on record.
5. The facts in issue are not in dispute. Earlier bail applications filed by the present accused were ultimately dismissed by this Court. It is also not disputed by the learned counsel for the Bank that title deeds have been deposited with the Bank and it is in the custody of the bank. Taking into consideration the willingness expressed by the petitioner to deposit the amount of Rs.10,00,000/- (Rupees Ten Lakhs only) with the bank, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner is ordered to be released on bail in the event 3/8 http://www.judis.nic.in _________ CRL. O.P. No.10605 /2020 of arrest or on his appearance, within a period of twenty one days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Alandur, 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 learned Judicial Magistrate, Alandur and on further condition that:-
(a) the petitioner shall deposit a sum of Rs.10,00,000/-
(Rupees Ten Lakhs only) with the Bank of Baroda, Adambakkam Branch/the Intervener, within a period of three weeks from the date of receipt of a copy of this order and produce the receipt of deposit before the learned Magistrate at the time of his surrender.
(b) 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.
(c) the petitioner shall report before the respondent police daily at 10.00 a.m. for a period of two weeks and 4/8 http://www.judis.nic.in _________ CRL. O.P. No.10605 /2020 thereafter, as and when required for interrogation.
(d) the petitioner shall not tamper with 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].
(g) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
(h) On the amount of Rs.10,00,000/- (Rupees Ten Lakhs only) being deposited by the petitioner, the Bank of Baroda, Adambakkam Branch/the Intervener, shall hand over the title deeds of the property, which is in their custody, which 5/8 http://www.judis.nic.in _________ CRL. O.P. No.10605 /2020 was deposited by the petitioner, to the petitioner to enable the petitioner to pay the balance amount due and payable to the bank by taking appropriate steps.
(i) The Bank of Baroda, Adambakkam Branch/the Intervener shall calculate the due payable by the petitioner along with interest after giving due credit to the amount of Rs.10,00,000/- (Rupees Ten Lakhs only) that is to be deposited by the petitioner and inform the petitioner as also this Court of the balance amount payable by the petitioner on the next date of hearing.
7. List the matter for passing further orders and for reporting compliance of payment by the petitioner on 25.9.2020.
04.09.2020
Index : Yes/No
Internet : Yes/No
GLN
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_________
CRL. O.P. No.10605 /2020
To
1. The Judicial Magistrate
Alandur.
2. The Public Prosecutor
High Court, Madras.
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_________
CRL. O.P. No.10605 /2020
M.DHANDAPANI, J.
GLN
CRL. O.P. NO.10605 OF 2020
04.09.2020
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