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2019 DIGILAW 881 (SC)

S. R. Vidyaa v. State Rep By The Inspector Of Police

2019-02-26

ASHOK BHUSHAN, K.M.JOSEPH

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ORDER 1. Leave granted. 2. We have heard learned counsel for the parties. 3. This appeal has been filed against the order dated 27.09.2018 passed by the High Court in Crl.O.P. No. 8485 of 2018, whereby the High Court rejected the application for anticipatory bail. The appellant is an accused in a case under Sections 409, 420 and 120B of IPC and Section 4(1) r/w Section 76(1) of the Chit Fund Act, 1982 in Crime No. 2 of 2018. 4. This Court while issuing notice on 01.11.2018 granted interim protection. Learned counsel for the appellant submits that Ms. Gomathi, a co-accused has already been granted anticipatory bail by order dated 27.04.2018 with certain conditions. 5. Learned counsel for the State informs us that a charge sheet has not yet been filed against the appellant. 6. We are of the view that in the facts of the present case, the ends of justice would be served in disposing of the appeal and directing that the appellant is ordered to be released on bail in the event of arrest or on her appearance within the time of fifteen days from the date of receipt of a copy of this order, before the learned XI Metropolitan Magistrate, Saidapate, Chennai, on condition that the appellant shall execute the bond for a sum of Rs.10,000/- (Rupees ten thousand) with two sureties each for a like amount to the satisfaction of the Magistrate concerned and on further condition that: (a) if the appellant fails to surrender before the concerned Magistrate within a period of fifteen days this order shall stand automatically cancelled. (b) the appellant shall report before the respondent police every day at 10.30 am for a period of two weeks and thereafter as and when required. (c) the appellant shall not tamper with the evidence or witness either during investigation or trial. (d) the appellant shall not abscond either investigation or trial. (e) on the breach of any of the aforesaid condition, the Magistrate is entitled to take appropriate action against the appellant in accordance with law as if the conditions have been imposed and the appellant released on bail by the Magistrate / Trial Court himself as laid down by this Court in P.K. Shaji v. State of Kerala , (2005) AIRSCW 5560. 7. Needless to say, the appellant shall co-operate with the investigation. 7. Needless to say, the appellant shall co-operate with the investigation. In the event of non- cooperation, it shall be open for the respondent to move an application in this Court. 8. The criminal appeal is accordingly disposed of.