Chithra v. The Inspector Of Police,
Crl.O.P.No.1338 of 2024 T.V.THAMILSELVI, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 465, 468 and 471 of IPC, in Crime No.16 of 2023, seek anticipatory bail.
2. The case of the prosecution is that the petitioners along with other accused persons have collected the amounts for more than Rs.32 laks from various persons for the purpose of getting job in State Government. Thereafter, the petitioners neither secured job nor returned the money, which led to the filing of the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the first petitioner is a teacher and the second petitioner is the reporter in the locality. He further submitted that the petitioners have not received any amount from any persons. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) Page No.1/4
appearing for the respondent police submitted that the petitioners along with other accused persons have received the amount from various persons and cheated them. He further submitted that the absconding charge sheet has also been filed and the investigation is almost completed. Hence, he prayed for dismissal of this petition.
5. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed and the petitioners are ready and willing to deposit some amount to the credit of crime number to show their bonafide, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, each of the petitioner is directed to deposit a sum of Rs.2,00,000/- (Rupees Two Laksh) totally (Rs.4,00,000/-) to the credit of Crime No.16 of 2023, within a period of two weeks from the date on which the order copy made ready, and on such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the Judicial Magistrate, Gingee, Villupuram District, on further condition that the each of 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: Page No.2/4
(a) each of the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs) totally (Rs.4,00,000/-)to the credit of Cr.No.16 of 2023 before the trial Court, within a period of two weeks from the date on which the order copy made ready. [b] 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. [c] the petitioners shall report before the respondent police as and when required for interrogation.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned T.V.THAMILSELVI,J.
msrm Page No.3/4
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.
15.07.2024 msrm Crl.O.P.No.1338 of 2024 Page No.4/4