A.S. Neshanth v. The Inspector Of Police,

C.V.KARTHIKEYAN , J.

The Petitioner/A2 in Crime No.236 of 2023 registered by the Respondent Police for the offences under Sections 120B and 420 IPC, seeks anticipatory bail.

2. It is the case of the prosecution that the defacto complainant who is doing a Crypto trading business needed Crypto USDT and he had posted that on social media group/Telegram for Crypto USDT. The Accused A1 had approached the defacto complainant and had offered the Crypto USDT. Thereafter, due to the assurance made by the Accused, the defacto complainant had transferred a sum of Rs.3,50,000/- (Rupees Three Lakhs and Fifty Thousand only) to the said account. It is stated that the Accused A3 had been arrested and still in custody.

3. Insofar as this Petitioner is concerned, it is stated that he has been implicated in the confession of the Accused A3 who travelled in the car of the Petitioner herein.

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4. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions that the Petitioner must disclose the details about the transfer of the amount to a 3rd party called Siva Prasad and give the details about the said Siva Prasad to the Respondent. The Petitioner must co-operate during the course of the investigation also by disclosing as to whether any other amount or any other person had similarly transferred any amount in this manner. If there is no proper co-operation from the Petitioner, the Respondent are at liberty to seek for cancellation of this order.

Accordingly, the Petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Metropolitan Magistrate XIV, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.

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[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 Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner must disclose the details about the transfer of the amount to a 3rd party called Siva Prasad and give the details about the said Siva Prasad to the Respondent. The Petitioner must co-operate during the course of the investigation also by disclosing as to whether any other amount or any other person had similarly transferred any amount in this manner. If there is no proper co-operation from the Petitioner, the Respondent are at liberty to seek for cancellation of this order.

[c] the petitioner shall report before the Respondent Police daily at 10.30 a.m., until further orders. [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.

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[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 229A IPC.

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C.V.KARTHIKEYAN , J.

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