Harriet Rosario J v. State Rep By

Crl.OP.No. 8252 of 2024 T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 406, 420 IPC in Crime No.107 of 2024, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was some money dispute between the petitioner and the de-facto complainant. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has not committed any such offence as alleged by the prosecution. However, on instructions, the learned counsel further submitted that the petitioner without prejudice to his right, on his own volition, is ready and willing to contribute some amount to any charitable trust as may be directed by this Court and he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent opposed for granting anticipatory bail to the petitioner by stating that the petitioner borrowed money from the defacto complainant based on

the property document as well as cheques. The petitioner has paid Rs.40,000/- to the de-facto complainant and the remaining amount has not paid till date.

5. Taking into consideration the facts and the submissions made by the learned counsel on either side and also considering the fact that the petitioner on his volition has agreed to contribute some amount to any charitable trust, 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 (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate Court No.II, Alandur, Chengalpattu District, 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 and on further condition that:

[a] the petitioner shall deposit a sum of Rs.25,000/-

[Rupees Twenty Five Thousand Only] to the credit of Crime No.107 of 2024, within a period of six weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

[b] the petitioner and the sureties shall affix his photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure his identity;

[c] the petitioner shall report before the respondent Police as and when required for interrogation; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner 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 petitioner in accordance with law as if the conditions has been imposed and the petitioner is 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]; and;

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

10.04.2024 MSM

T.V.THAMILSELVI, J.

MSM Crl.OP.No. 8252 of 2024 10.04.2024