P.Malaiappan v. The Government Of NCT Of Delhi Rep.By
T.V.THAMILSELVI,J.
The petitioner/A4 apprehends arrest at the hands of the respondents police for alleged offences punishable under Sections 420 and 120B of IPC, in FIR No.645 of 2022 on the file of the 1st respondent police on the ground that Non Bailable Warrant passed by the learned ASJ (SFTC) Dwarka Courts, New Delhi dated 22.03.2024, seeks interstate anticipatory bail.
2. The case of the 1st respondent police is that the petitioner herein along with other accused had received a sum of Rs.1,94,000/- by making false assurance of securing an admission for the daughter of the defacto complainant and thereafter cheated the defacto complainant and also refused to return the money as well as the certificates i.e., 10th and 12th Mark sheets of the defacto complainant's daughter. Hence the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and not involved in any of the alleged offences as stated in the FIR and further submitted that the petitioner has been falsely implicated in this case. He also further submitted that the petitioner even though not
involved in the alleged offence, he agreed to repay the alleged payment only to avoid unnecessary dispute with the respondent police and the petitioner has also repaid the same on various dates through online payments and finally a um of Rs.42,000/- was paid to the defacto complainant vide Demand Draft dated 17.02.2024 as final settlement. He also submitted that in spite of all this, the Investigation Officer, the 1st respondent herein by suppressing the real facts and my ill heath condition, managed to dismiss my anticipatory bail petitioner by the ASJ (SFTC) Dwraka Courts dated 22.03.2024 and consequently a non bailable warrant also was allowed on the application of the 1st respondent. He also further submitted that there are every possibilities that the 1st respondent may arrest the petitioner, hence prayed to grant inter state anticipatory bail to the petitioner.
4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant inter-state interim anticipatory bail to the petitioner for a period of six weeks to enable him to move the concerned Court.
5. Accordingly, interim interstate anticipatory bail is granted to the petitioner for a period of six weeks, on condition that the petitioner shall surrender before the learned VI Metropolitan Magistrate, Egmore, Chennai
within a period of fifteen days from the date on which the order copy is made ready and 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 said learned Magistrate. Further, within four weeks from the date of execution of bail bond, the petitioner shall approach the competent Court in New Delhi and seek appropriate relief.
15.07.2024 stn
T.V.THAMILSELVI,J.
stn 15.07.2024