Dineshkumar v. The State Rep By

Crl.O.P.No.1273 of 2024 C.V.KARTHIKEYAN,J.

The petitioners/A1, A2 in Crime No.1006 of 2023 registered by the respondent police for the offences punishable under Section 420 IPC seeks anticipatory bail.

2.It is the case of the prosecution that the defacto complainant wanted to purchase a house site for his son. A1 was introduced through A2. A1 is a Broker. He had pointed out two separate sites. It is stated that the defacto complainant had handed over Rs.5,00,000/- as advance, but there is no written agreement of sale. This would indicate that the agreement of sale itself would be a subject matter of further proof.

3. Taking that factor into consideration, this Court is inclined to grant anticipatory bail to all the petitioners subject to the following conditions:

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4. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Perundurai on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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 petitioners 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 petitioners shall report before the respondent police on every Saturday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness 2/4

either during investigation or trial.

[d] the petitioners 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 petitioners 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

Vv 05.03.2024 C.V.KARTHIKEYAN,J.

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Vv Crl.O.P.No.1273 of 2024 05.03.2024 4/4