K.Saravanan v. State Rep By

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest for the alleged offence under Sections 420, 465, 467, 468, 471 and 120-B IPC in Crime No.484 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner with his father and relatives have received a sum of Rs.2,94,21,500/- with the false promise that they will execute a sale deed in favour of the defacto complainant for the property situated at Athipattu Village to an extent of 6.82 acres. Hence, the case.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would submit that there is no specific allegation against the petitioner and the allegations are only against his father. He would further submit that A1, A2 and A3 were arrested and released on bail. Hence prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) would submit

that petitioner has received a sum of Rs.2,94,21,500/- from the defacto complainant and promised him that he would execute a sale deed in his favour and cheated him. He would submit that the case is under investigation. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and the coaccused also granted anticipatory bail and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner.

6. The petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Metropolitan Magistrate for Exclusive Trial of CCB and CBCID Metro Cases, Egmore, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties (out of which one blood related surety) 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 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 appear before the respondent police on every Wednesday at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

05.04.2023 rri T.V.THAMILSELVI, J.

rri Crl.O.P.No.5099 of 2023 05.04.2023