V.Muralidhara v. The Inspector Of Police

K.KUMARESH BABU, J.

The petitioner seeks anticipatory bail in Crime No.6 of 2024 registered by the respondent Police for the offences under Section 420 IPC.

2. The learned counsel for the petitioner stated that, he has been falsely implicated in this case. For an incident alleged to have happened in the year 2014, defacto complainant had given a complaint only in the year 2024. He further submitted that petitioner is innocent and is no way connected with the offence alleged by the defacto complainant. Apprehending arrest from the respondent police, he seeks anticipatory bail to the petitioner.

3.It is stated by the learned Government Advocate (Criminal side) that, defacto complainant had given a complaint stating that, he had transferred money to the petitioner, for purchase of plots in Kundrathur, Chennai in the year 2014. However, even after a long time, petitioner had neither entered into a sale agreement nor returned the amount. Thus, he prays for dismissal of this petition.

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4.Taking all the factors into consideration and also the fact that the incident had happened long back, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Cuddalore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 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 10.00 a.m., until further orders.

[c] the petitioner shall not tamper with evidence or witness 2/4

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 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;

09.05.2024 gd 3/4

K.KUMARESH BABU, J.

gd 09.05.2024 4/4