S Krishnan v. State Rep By Its

C.V.KARTHIKEYAN , J.

The Petitioner seeks anticipatory bail in Crime No.145 of 2021 registered by the Respondent Police for the offences under Sections 408 and 420 IPC.

2. The case of the learned counsel for the Petitioner is that the Petitioner had been supplying raw materials to the defacto complainant who was involved in the construction business. It is stated that the Managing Director had become old and therefore, his sons had taken over the management. There were some labour disputes. Five of the labourers including the Accused A1, had filed a labour dispute before the jurisdictional Labour Court.

3. It is also contended by the learned counsel that by taking umbrage of that fact, the defacto complainant had preferred a complaint as if goods were supplied on a fake purchase order. The learned counsel also stated that the complaint had been registered in the year 2021 and an application had been filed under Section 156(3) of Code of Criminal 1/4

Procedure. It is also stated that the Accused A1 had been produced before the XVII Metropolitan Magistrate, Saidapet on 05.01.2024 and had been directed to be released on bail on execution of own bond.

4. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions. 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 XVII Metropolitan Magistrate, Saidapet, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 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., for a period of two weeks and thereafter, as and when required for the interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial.

[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].

[f] 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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