Yashin v. The State Rep. By
Crl.O.P.No.13890 of 2024 T.V.THAMILSELVI, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 420 of IPC @ Sections 465, 468, 471 & 420 of IPC in Crime No.77 of 2024, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that he is working as a Manager in Bajaj Finance Limited and the said company is doing finance for the consumer durable products with 0% interest by collecting address proof and ID proof from the customers and based on the cibil score, processed their loans. The accused persons by producing fake documents obtained loans in different names and cheated the said finance company. Hence the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner who is running a mobile accessories shop, is an innocent person and he is no way connected with the other accused who were
created fake documents and obtained loans from the defacto complainant. He further submitted that the petitioner is nothing to do with the alleged offence and hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (crl.side) appearing for lthe respondent submitted that A1 to A3 by producing fake documents obtained several loans from the Bajaj Finance Company and bought mobile phones and sell the same through the mobile shop stands in the name of A4. He further submitted that A1 is still in prison and if the petitioner/A4 is released on anticipatory bail, there is a possibility of him absconding. Hence, he opposed for grant of anticipatory bail to the petitioner.
5.The learned counsel for the intervenor entered appearance and raised objections stating that the accused persons cheated the defacto complainant's company by obtaining loans in different names on production of fake documents.
6. At this juncture, the learned counsel for the petitioner submitted that to show his bonafide, the petitioner is ready to deposit a sum of Rs.50,000/- to the credit of crime No.77 of 2024 and also ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.
7. Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (Crl.Side) and perused the materials available on record.
8. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner on a condition to deposit a sum of Rs.50,000/- to the credit of Crime No.77 of 2024 within a period of two weeks from the date of receipt of a copy of this order.
9. Accordingly, the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.77 of
2024 within a period of two weeks from the date of receipt of a copy of this order before the learned XXII Metropolitan Magistrate, Egmore, Chennai and the defacto complainant is permitted to withdraw on undertaking and on such deposit, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned XXII Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties (out of which, one shall be the blood related surety), 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 may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner is directed to report before the respondent police on alternative days at 10.30 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 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.
19.06.2024 vkr
T.V.THAMILSELVI, J.
vkr Crl.O.P.No.13890 of 2024 19.06.2024