A.Sadham Hussain v. Inspector Of Police
K.KUMARESH BABU, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 420 of IPC in Crime No.556 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the informant who pledged his car to A1 and A2 and received a sum of Rs.70,000/- for his business and when he requested to return the car, they failed to return the same. Hence, the informant lodged a complaint, which was registered in C.S.R.No.395 of 2021 and the accused promised to give another car to the informant. Till date, no car was given to the informant and he was demanded to pay Rs.2,00,000/- to return the car. Hence, the respondent registered FIR. Hence, the case.
3. The learned counsel for the petitioner submitted that the 1/5
petitioner is innocent and he did not commit any offence and he has been falsely implicated in this case. The petitioner is ready to abide by any condition that may be imposed by this Court. He further submitted that A1 & A2 were granted anticipatory bail.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed for grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the fact that A1 & A2 were granted anticipatory bail, the petitioner is also granted anticipatory bail with certain conditions.
7. Accordingly, the petitioner is ordered to be released on 2/5
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 Judicial Magistrate No.7, Coimbatore, 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 shall obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police thrice a week at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. 3/5
[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.
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K.KUMARESH BABU, J., krk / lok 17.05.2023 5/5