Sathiyabama v. The Inspector Of Police

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420 and 120B of IPC in Crime No.27 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with A1 induced the de-facto complainant and received a huge sum for the purpose of getting a government job. However, they neither returned the money nor secured any job, thereby cheated the de-facto complainant. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He would also submit that the petitioner has been falsely implicated in this case, since she is the sister of A1. He would further submit that, coaccused (A1) was arrested and released on statutory bail. Further, the learned counsel, on instructions, would further submit that the petitioner, without prejudice to her rights, is ready to deposit the amount of

Rs.10,00,000/- (Rupees Ten Lakhs Only) to the credit of the crime number. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) would submit that the petitioner along with other accused have received a sum of Rs.27,00,000/- from the de-facto complainant for securing a government job. However, they have neither secured a job nor returned the amount to the de-facto complainant. He would also submit that the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioner.

5.Taking into consideration the facts and circumstances of the case and also considering the fact that the investigation is almost completed and that the co-accused (A1) was arrested and released on statutory bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from

the date on which the order copy made ready, before the learned Judicial Magistrate VI, Coimbatore, 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 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 shall deposit a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the credit of the crime number within a period of two weeks from the date of receipt of this order copy, before the learned Judicial Magistrate VI, Coimbatore, failing which, the order passed by this Court shall stand automatically cancelled;

[b] 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; [c] the petitioner shall report before the respondent Police on every Saturday at 10.30 a.m. for a period of eight weeks;

T.V.THAMILSELVI,J.

sp [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 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. 24.02.2023 sp (2/2)