M.Bakthavachallam v. The Inspector Of Police

C.V.KARTHIKEYAN,J.

The petitioners are A-8 and A-6 in Crime No. RC 0322021A0008/2021 CBI ACB Chennai and apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120B, 420 of IPC read with 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988, seek anticipatory bail.

2. The case of the prosecution is that the first to fourth accused had apparently taken to a total sum of Rs.500/- crores by producing documents which were either not genuine or were over valued. 3.

The case of these petitioners is that they provided accommodation for transfer of money through the accounts to the accounts of the first to fourth accused.

4. The learned counsel for the petitioners stated that during the course of pendency of the FIR, they had co-operated during the investigation.

5. The learned Government Advocate (Crl. Side) on behalf of the respondents stated that necessary documents have been collected and the investigation is practically over. The petitioners had not directly produced the documents for availing loan and they only provided accommodation to the transfer of the amount.

6. In view of these facts and particularly because of the statement that they had co-operated during the investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.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 XI Additional Sessons Judge for CBI Cases, Chennai, Chenni District, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 this Court 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 appear before the respondent police daily at 10.30 a.m., till the charge sheet is filed and thereafter, as and when required for interrogation.

[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.

04.10.2023 vsg C.V.KARTHIKEYAN,J.

Vsg 04.10.2023