A.Juliya v. The Inspector Of Police

CRL.O.P.No.14280 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 420 and 506(ii) IPC in Crime No.251 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused alleged to have collected a sum of Rs.19 lakhs from four victims to obtain job in Australia, but failed to secure jobs to them. Hence, the present complaint.

3. Learned counsel for the petitioners submitted that they are innocent and they have been falsely implicated in this case.

4. Learned Government Advocate (Crl. Side) would submit that A1/the prime accused was arrested and the petitioners herein are arrayed as A3 and A5 and that the petitioners are jointly involved in job rocketing for securing job in Australia.

5. It is seen that the prime accused in this case. Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Kallakurichi, subject to the following conditions: [a] Each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to

S.VAIDYANATHAN, J kal arrest or to the satisfaction of the learned Magistrate concerned;

[b] the petitioners herein are directed to deposit a sum of Rs.5 lakhs equally to the credit of Cr.No.251 of 2016 before the Judicial Magistrate within a period of four weeks from the date of receipt of a copy of this order. [c] the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter 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].

13.07.2016 kal CRL.O.P.No.14280 of 2016