Allowed

A.Palaniammal v. State Rep.by

Madras HC17 Jun 2021CRL OP/8265/2021

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail to the petitioner facing charges of criminal conspiracy, cheating, and criminal breach of trust. The court imposed strict conditions, including daily reporting, execution of a bond with sureties, and prohibitions on tampering with evidence or absconding.

What did the court decide?

Petitioner granted anticipatory bail on condition to appear before Magistrate within 15 days, execute bond with two sureties of Rs.10,000 each, report daily, and not tamper with evidence.

A.Palaniammal Vs State Rep.by — Cheque Dishonour | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 17.06.2021

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CORAM :

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THE HON'BLE Mr.JUSTICE M.DHANDAPANI

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Crl.O.P.No.8265 of 2021

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Mrs.A.Palaniammal ... Petitioner

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Vs.

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State rep. By The Inspector of Police, District Crime Branch, Kancheepuram. (Crime No.12 of 2020)

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...Respondent

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PRAYER : Criminal Original Petition is filed under Section 438 of Cr.P.C., to grant anticipatory bail to the petitioner in the event of her arrest in Crime No.12 of 2020 on the file of the Inspector of Police, District Crime Branch, Kanchipuram.

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For Petitioner : Mr.V.K.Vijayaragavan

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For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side)

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ORDER

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(The case has been heard through video conference)

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 120(B), 477 (A) and 420 read with 34 of IPC, in Crime No.12 of 2020, on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner caused huge loss of revenue to the Government property in conspiracy with the other accused. Hence, the complaint.

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3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. He would further submit that co-accused had already been granted anticipatory bail by this Court in Crl.O.P.No.17344 of 2020 dated 09.12.2020. Hence, he prays for grant of anticipatory bail to the petitioner.

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https://hcservices.ecourts.gov.in/hcservices/

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4.Heard the learned Government Advocate (Crl.Side) appearing for the respondent.

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5.Considering the facts and circumstances of the case, this

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Court is inclined to grant anticipatory bail to the petitioner.

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6.Accordingly, 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 Judicial Magistrate No-I, Kanchipuram, 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:

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(a) the petitioner and 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;

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(b) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

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(d) the petitioner shall not abscond either during investigation or trial;

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(e) 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]; and;

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

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This order, on being produced, be punctually observed and carried into execution by all concerned

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Sub-Assistant Registrar (Statistics/C.S.) https://hcservices.ecourts.gov.in/hcservices/ High Court, Madras - 600 104.

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1 THE JUDICIAL MAGISTRATE, NO.I, KANCHEEPURAM.

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2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION]

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3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KANCHEEPURAM.

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CC to M/S.V.K.VIJAYARAGAVAN Advocate on payment of necessary charges

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Date :17/06/2021

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TA-16/07/2021

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https://hcservices.ecourts.gov.in/hcservices/

A.Palaniammal v. State Rep.by

Case brief

What is this about?

What did the court decide?

A.Palaniammal v. State Rep.by

Case brief

What is this about?

What did the court decide?

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