J Nancy v. The Inspector Of Police

K.KUMARESH BABU, J.

The petitioner seeks anticipatory bail in Crime No.115 of 2024 registered by the respondent Police for the offences under Sections 406 and 420 IPC.

2. The learned counsel for the petitioner stated that, she has been falsely implicated in this case. 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 paid Rs.2,50,000/- to the petitioner to lease out a property in his name. However, the petitioner has not leased out the property. When defacto complainant asked her to return the money. She returned only Rs.1,00,000/-. Thus, he prays for dismissal of this petition. 1/4

4.Taking all the factors into consideration, 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 District Munsif cum Judicial Magistrate, Sholinganallur, 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 either during investigation or trial;

[d] the petitioner shall not abscond either during investigation 2/4

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