Bharathi @ Bharathidasan v. Sub Inspector Of Polcie

Dr.G.JAYACHANDRAN, J., The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406 and 420 of IPC in Crime No.35 of 2021 are before this Court seeking anticipatory bail.

2.The case of the prosecution is that the petitioners herein apprehend arrest on the complaint given by one Anjulatcham alleging that the petitioners have received Rs. 2,50,000/- on the premises that they will get private job at Singapore but they failed to pay the money. 3.The learned counsel appearing for the petitioners submitted that the petitioners sought anticipatory bail on the ground that substantial amount has already been returned to the defacto complainant. 4.Taking note of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on

anticipatory 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 on condition that each of 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 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 petitioners, who are the accused 2,3,4 shall together deposit a sum of Rs.2,50,000/- (Rupees two lakhs and fifty thousand only) before the learned Judicial Magistrate No.II, Cuddalore to the credit of Crime No.35 of 2021 on the file of the respondent police.

(b)the petitioners and the sureties shall affix their 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;

(c)the petitioners shall report before the Investigation Officer as and when required for interrogation.

(d)the petitioners shall not tamper with

evidence or witness either during investigation or trial;

(e)the petitioners 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 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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. 14.03.2022 ari

Dr.G.JAYACHANDRAN,J.

ari 14.03.2022