R.Aravind Kumar v. Inspector Of Police
C.V.KARTHIKEYAN, J.
The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 403, 406 and 420 of IPC in Crime No.346 of 2023 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner had used credit card of the defacto complainant and purchased a mobile phone and thereafter, he did not pay the equal monthly installments. This necessitated the defacto complainant to lodge the complaint.
3. The learned Counsel for the petitioner submitted that the petitioner is innocent and he had been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) for the respondent submitted that the petitioner has used the credit card of the defacto complainant and purchased a mobile phone and thereafter, he did not pay the equal monthly installments, thereby cheated the defacto complainant. Hence, he vehemently opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record including the FIR.
6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner.
7. 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 is made ready, before the learned XVI Metropolitan Magistrate, George Town, Chennai, on condition that the petitioner shall execute a separate 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.
[b] the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) to the credit of the Crime No.346 of 2023 and on such deposit, the learned XVI Metropolitan Magistrate, George Town,
Chennai, may deposit in the fixed deposit till passing of the final order.
[c]The petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and 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 petitioners 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 abscond, a fresh FIR can be registered under Section 229A IPC.
29.01.2024 ari C.V.KARTHIKEYAN, J.
ari 29.01.2024