S.Dillibabu v. Inspector Of Police
CRL.O.P.No.1812 of 2023 T.V.THAMILSELVI, J.
The petitioner, who apprehends arrest for the alleged offences under Sections 306 of IPC in Cr.No.6 of 2023 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner received a sum of Rs. 5,00,000/- from the father of the defacto complainant and promised that he will secure the Government job for the brother of the defacto complainant. Thereafter he neither secured the job nor returned the money back. That apart the father of the defacto complainant is working as a Post Master and he is to retire in a short span of period. Taking advantage of this situation the petitioner threatened the father of the defacto complainant that he will not get his retirement benefits, due to which the deceased committed suicide by hanging and in his pocket he has written a letter that the petitioner is the reason for his death. Hence, the case.
3.The learned counsel appearing for the petitioner submits that he has no way connected with the alleged occurrence and he has been falsely implicated in this case. However, the learned counsel, on instructions, further submits that the petitioner, without prejudice to his rights, is ready to deposit some amount to the credit of the crime number as imposed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl.Side) submits that due to the act of the petitioner only the deceased has committed suicide. He further submits that the petitioner received a sum of Rs.5,00,000/- in order to secure Government job for the brother of the defacto complainant and thereafter neither secured the job nor returned the money back. Hence he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and that the
petitioner on his own volition, is ready to deposit some amount to the credit of the crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the credit of Crime No.6 of 2023, within a period of fifteen (15) days and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the Judicial Magistrate Court, Thiruvarur 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 must be a blood related 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 is directed to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the credit of Crime No.6 of 2023 before the concerned Magistrate
within a period of fifteen (15) days and the defacto complainant is permitted to withdraw the said deposit amount of Rs.2,00,000/- (Rupees Two Lakhs only) on proper identification and acknowledgment;
(b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(c)the petitioner is directed to appear before the respondent police every Tuesday and Saturday at 10.30 a.m for a period of eights weeks and thereafter, appear before the trial Court on all hearing dates.
(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 petitioner released on
anticipatory 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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
06.02.2023 smn
T.V.THAMILSELVI, J.
smn 06.02.2023