D Raju v. The Inspector Of Police,

Crl.O.P.No.8192 of 2023 C.V.KARTHIKEYAN,J.

The petitioners/A2 and A3 in Crime No.893 of 2022 registered by the respondent police for the offences punishable under Sections 420 and 406 of IPC seek anticipatory bail.

2. It is stated that A1 and other accused had pledged jewels weighing 383.70grams which were later found to be covering jewels and again 122 grams which were also found to be covering jewels with the defacto complainant's bank (UCO Bank) and had received Rs.12.06lakhs and 8.19 lakhs respectively. It is further stated that A1 had been arrested and granted bail.

3. The learned counsel for the petitioners stated that each one of the two petitioners are prepared to deposit a sum of Rs.5,00,000/- each to the credit of Cr.No.893 of 2022.

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4. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to all the petitioners subject to the following conditions:

5. 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-I, Ambattur on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, out of whom, one surety must be a blood surety (both the petitioners are natives of Kerala) 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.

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[b] each of the petitioners shall deposit a sum of Rs.5,00,000/- to the credit of Cr.No.893 of 2022 and on such deposit, the learned Judicial Magistrate-I, Ambattur may hand it over to the defacto complainant on proper identification and acknowledgement. [c] the petitioners shall report before the respondent police on everyday at 10.30 a.m., until further orders. [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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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C.V.KARTHIKEYAN,J.

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