Udhayakumar v. The State Rep. By Inspector Of Police
A.D.JAGADISH CHANDIRA , J.
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 403, 406, 420, 468, 471 & 120 B of IPC in Crime No.262 of 2022, seeks anticipatory bail.
2.It is the case of the prosecution that the accused had induced the defacto complainant on the promise of securing jobs and received Rs.9,00,000/- and cheated them. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case as A4 and A5. He would further submit that main accused A1, A2 and A3 have been arrested and released on bail and from them Rs.8,00,000/- has been recovered. The only allegation against the 1st petitioner is that the amounts have been deposited in his accounts.
4.The learned Government Advocate (Crl. Side) would submit that the petitioners have cheated the defacto complainant in the guise of securing jobs. Regarding the same, investigation has been conducted and a final report has been filed before the XVII-Metropolitan Magistrate, Saidapet and the petitioners herein have been shown as absconding accused in the said case and the same has been posted on 03.07.2023. 5.Heard the learned counsel appearing on both sides and perused the entire materials available on record. 6.Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsel, this Court is inclined to grant bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the
learned XVII-Metropolitan Magistrate, Saidapet on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioners 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 petitioners shall report before the respondent police station everyday at 10.30 a.m, for a period of two weeks and thereafter on every Saturday at 10.30 a.m until further orders.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners shall not abscond either during investigation or trial.
A.D.JAGADISH CHANDIRA , J.
KKN [e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
20.06.2023 kkn