M.Vijayakanth v. State Rep By Sub Inspector Of Police
G.K.ILANTHIRAIYAN, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420, 468, 471 and 506(i) IPC in Crime No.02 of 2022, seek anticipatory bail.
2. The case of the prosecution is that on 01.01.2018, the petitioners along with one S.Girija (A3) received a sum or Rs.13,00,000/- from the defacto complainant in order to secure Government job in Tamil Nadu Electiricy Board and failed to do the same. Hence the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor submitted that the petitioners and along with other accused received huge amount from the
defacto complainant in order to secure Government job and cheated the defacto complainant. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. It is seen that the petitioners received amount from the defacto complaint to secure job. The learned counsel for the petitioner submitted that the petitioners are ready and willing to deposit a reasonable amount to the defacto complainant.
5. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are directed to pay a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) each to the defacto complainant. On such payment and production of acknowledgement, 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 Judicial Magistrate-II, Cuddalore, on condition that the petitioners shall execute a 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 the learned Magistrate 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 pay a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) each to the defacto complainant. [c] the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial.
[f] 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
29.07.2022 ata
G.K.ILANTHIRAIYAN, J.
ata 29.07.2022