S. Rajesh v. The Inspector Of Police,

Crl.O.P.No.4207 of 2024 C.V.KARTHIKEYAN,J.

The petitioner/A7 out of 20 accused in Cr.No.56 of 2020 registered by the respondent police for the offence punishable under Sections 420, 465, 467, 468, 471 r/w 120B of IPC seeks anticipatory bail.

2. It is stated that A1 and A2 who are employees of Axis Bank had approached all the other accused stating that they would facilitate loan. This petitioner had obtained loan of Rs.5,00,000/-. He had also paid Rs.2,31,000/- and amount of Rs.2,68,000/- is due.

3. The learned counsel for the petitioner stated that the petitioner would settle the loan.

4. Taking that statement on record, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned 1/5

Judicial Magistrate, Ambattur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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 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 petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) to the credit of Cr.No.56 of 2020 and on such deposit, the learned Judicial Magistrate, Ambattur may transfer it to the fixed deposit amount.

[c] the 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.

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[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.

6. If the defacto complainant approaches with proper identification, the learned Magistrate may hand it over to the defacto complainant.

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7. The petitioner may also endeavour to pay back the entire loan within a period of next six months.

8. With the above directions, this Criminal Original Petition is ordered.

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C.V.KARTHIKEYAN,J.

Vv Crl.O.P.No.4207 of 2024 23.02.2024 5/5

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