S. Sunilkumar v. Inspector Of Police
T.V.THAMILSELVI, J.
The petitioner, who apprehends arrest for the alleged offences punishable under Sections 120(B), 465, 467, 468, 471, 471(A), 420 & 34 of IPC in Crime No.4 of 2024 on the file of the respondent/police, seeks anticipatory bail.
2.It is the case of the prosecution that the the defacto complainant has been cheated by one Sundar who is the main accused in respect of a transaction of Onlie trading business activity. Hence the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He is a law abiding citizen and he has been falsely implicated in this case for apparent malafide reasons. He undertakes to furnish solvent surety and bail bonds to the satisfaction of the concerned Court on being granted of Anticipatory bail. He will abide by any conditions that may be imposed by this Court. Hence he prays to grant anticipatory bail to the petitioner.
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4.The learned Government Advocate (Crl. Side) vehemently opposed for grant of anticipatory bail to the petitioner. In this case A1 absconded and died in a mystery manner. A1 is the A2's sister husband and he gave asylum to A1.
5.Heard the learned counsel for the petitioner, and the learned Government Advocate (Crl.Side) and perused the materials available on record.
6.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. 7.Accordingly, the petitioner is directed 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 I Judicial Magistrate, Poonamallee, 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, 2/6
who intends to arrest the petitioner, 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 Court concerned 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 daily at 10.30 a.m. till 25.06.2024 for investigation and thereafter, the petitioner shall appear before the respondent police on every Tuesday and Friday at 10.30 a.m., until further orders;
(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 3/6
with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/trial Judge himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
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T.V.THAMILSELVI, J.
ah Crl.OP.No.8910 of 2024 5/6
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