R.Sivamani Sivan v. State Rep By Its,

Crl.O.P.No.5166 of 2022 Dr.G.JAYACHANDRAN, J., Perused the anticipatory bail petition and heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side).

2. The petitioners herein seek anticipatory bail since they are in apprehension of arrest for the alleged offences punishable under Section 420 of IPC in Crime No.06 of 2021.

3. It appears that the defacto complainant has already initiated criminal prosecution against the petitioners herein for dishonouring four cheques issued in his favour and those cases are pending before the Fast Track Court, Nagapattinam. For the same cause of action, complaint also have been lodged before the respondent police. Hence the petitioners apprehend arrest.

4. Considering the facts, this Court is inclined to grant anticipatory bail to the petitioners.

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5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate, Nagapattinam on condition that the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioners and the sureties shall affix his 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; (b)the petitioners shall not tamper with evidence or witness either during investigation or trial; (c)the petitioners shall report before the Investigating Officer daily at 10.30.a.m. and shall cooperate for investigation. (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 2/4

law as if the conditions has 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

04.03.2022 rpl/mpl 3/4

Dr.G.JAYACHANDRAN,J.

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