Sujatha v. Inspector Of Police

Crl.O.P.No.8831 of 2023 K.KUMARESH BABU, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420 of IPC, in Crime No.91 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with her husband and the other accused collected huge amount from the defacto complainant on the assurance of getting Government Job. But, they did not fulfil the promise and delayed in repaying the said amount. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. The learned counsel further submitted that the petitioner is the wife of the second accused and she is no way connected to this case. But however, the petitioner is ready to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) to the credit of the Crime No.91 of 2023. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) submitted that it is a case of job racketing and the petitioner accompanied the other accused in getting money from the defacto complainant. The petitioner and other accused neither acquired job for the defacto complainant nor returned the money. Therefore, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration of the fact that the petitioner is implicated in this case only because she is the wife of the second accused and she is ready to deposit a sum of Rs.5,00,000/-, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) to the credit of Crime No.91 of 2023, within a period of four weeks from the date on which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on her appearance, before the learned Judicial Magistrate - II, Coimbatore, on condition that the 2/4

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, 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 Magistrate shall obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation;

[c] the petitioner shall not tamper the evidence or witness either during investigation or trial; 3/4

K.KUMARESH BABU.,J gsk /nsa [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 with law as if the conditions have been imposed and the petitioner 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.

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