Kothandapani v. Inspector Of Police

K.KUMARESH BABU, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 506 [1] of IPC in Crime No.812 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that A1 is the son-in-law of the petitioners. The allegation of the prosecution is that the petitioners along with A1 had collected huge amount from the defacto complainant on the promise of getting a job to him.

3. The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged by the defacto complainant and it is only a loan transaction and they have been falsely implicated in this case. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate [Criminal Side] would submit

that on the promise of getting job to the defacto complainant, the petitioners along with their son-in-law collected huge amount from the defacto complainant and they neither secured any job nor returned the money to him. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Considering the above facts and circumstances of the case and considering the age of the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. 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 Judicial Magistrate No.II, Poonamallee, on condition that 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 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 on every Monday 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.

[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.

17.05.2023 vrc

K.KUMARESH BABU, J.

vrc 17.05.2023