Pandiselvi v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners/A1 to A3 seek anticipatory bail in Crime No.6 of 2024 registered by the respondent Police for the offences punishable under Sections 294(b), 323 and 420 of IPC.

2. It is stated that the defacto complainant is a money lender and it is also stated that the petitioners are running chit business. It is also stated that the defacto complainant, member of the chit had paid a sum of Rs.2,32,000/-. The amount had not been repaid. It is under those circumstances a complaint had been lodged.

3. A counter had been filed by the respondent was also enquired other members of chit.

4. However, taking all the other factors into consideration and the fact that the entire issue surrounds adjustment of amount to be paid or repaid, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in 1/4

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, Madukkarai, Coimbatore, on condition that 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: [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 second and third petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation and the first petitioner shall report before respondent police as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. 2/4

[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.

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C.V.KARTHIKEYAN , J.

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