E.Kala v. The State Rep.By

Dr.G.JAYACHANDRAN, J.

The petitioner, who apprehends arrest for the alleged offences under Sections 465, 468, 471, 406 & 420 of IPC in Crime No.50 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused had created forged documents and obtained Government funds illegally and constructed the house which has been allotted to the homeless people. Hence,the complaint.

3. The allegation against this petitioner is that, contrary to the norms fixed by the Central Government, they have availed subsidy to construct the house.

4. The petitioner herein submits that the allegation is that they have put up one single unit instead of two units for two loanee is incorrect and they are ready to established the same.

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5. In view of the above, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate, Arcot, on condition that the petitioners shall execute a bond for a sum of Rs.50,000/-only (Rupees Fifty 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 and on further condition that: (a)the petitioner 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 petitioner shall not tamper with evidence or witness either during investigation or trial; (c)the petitioner shall report before the Investigating Officer daily at 10.30 a.m. until further orders; 2/4

(d)the petitioner 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 petitioner in accordance with law as if the conditions has 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]; and;

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

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Dr.G.JAYACHANDRAN, J.

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