Vishnuprasand v. Police Department

K.KUMARESH BABU, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 403, 406, 468, 471 r/w 120(b) of IPC in Crime No.262 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the prime accused in the case involved in job racketing in which the petitioner alleged to have worked as one of the agents and collected money from the victim. Hence, the complaint.

3. The learned counsel for the petitioner would submit that a co-accused has already been granted anticipatory bail by this Court in Crl.OP.No.2517 of 2023 dated 07.02.2023. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate(crl.side) would submit that the total amount involved in this case is Rs.9,00,000/- and only a sum of Rs.8,00,000/- has been recovered. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. On perusal of the order passed in Crl.OP.No.2517 of 2023

dated 07.02.2023 by this Court, it is found the petitioner therein was directed to deposit a sum of Rs.1,00,000/- while granting anticipatory bail. In view of the same, this Court is of the view that there is no impediment to order in this petition. Therefore, this Court is inclined to grant anticipatory bail to the petitioner with 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 fifteen days from the date on which the order copy made ready, before the learned Metropolitan Magistrate Court No.XXII, Saidapet on condition that the petitioner 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 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 report before the respondent police as and when required for interrogation

[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.

17.05.2023 lok K.KUMARESH BABU, J.

lok

17.05.2023