Zeenath v. State Rep By The Inspector Of Police
T.V.THAMILSELVI, J.
The petitioner who apprehends arrest for the alleged offence punishable under Sections 420, 403, 406, 468, 471 read with Section 120(b) of IPC in Crime No.262 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the prime accused in the case involved in job racketing in which the petitioner alleged to have worked as telecaller in the said company and the total amount involved in this case is Rs.9,00,000/-. Hence the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. However, on instructions, he further submits that the petitioner, without prejudice to his right, is ready to abide any condition imposed by this Honourable court. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that the prime accused in the case involved in job racketing in which the petitioner alleged to have worked as telecaller in the said company and the total amount involved in this case is Rs.9,00,000/- and a sum of Rs.8,00,000/- has been recovered. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, a part of the amount has been recovered and investigation is almost completed this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned XVII Metropolitan Magistrate Court at Saidapet on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties (out of which one surety should be
blood surety) 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 appear before the respondent police on every Saturday at 10.30 a.m., for a period of six weeks.
[c] the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.262 of 2022 without prejudice to his rights within a period of two weeks from the date of receipt of copy of the order and produce the receipt before the concerned Magistrate and on such deposit the defacto complainant is permitted to withdraw the above said amount on filing an undertaking affidavit.
[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 absconds, a fresh FIR can be registered under Section 229A IPC.
07.02.2023 jai
T.V.THAMILSELVI, J.
jai 07.02.2023