Seenivasan v. The State Rep By Inspector Of Police

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 380, 294(b) and 506(i) of IPC in Crime No.140 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that A1 and A3 were looking after the business of Defacto complainant viz., V.P.Shah Presidency Cycle Importing Company from 07.01.2021. While so, on 07.03.2022, when the defacto complainant visited his company, had found that his company's name board was replaced with one Lakshmi Marketing and a sum of Rs.38,000/-, invoices and GST Bills and Bank Pass Books were found missing. Therefore, the defacto complainant asked A1, for which, A1 and A3 abused him in filthy language and also intimidated him with dire consequences. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that there are totally three accused, in which the petitioner is arrayed as A3. The defacto complainant and A1 are friends. The defacto complainant handed over his business to A1, later A1 refused to hand over the business to the defacto complainant. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.V, Coimbatore, on condition that 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 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 10.30 for a period of two weeks and thereafter as and when required for interrogation.

[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.

25.07.2022 Lpp G.K.ILANTHIRAIYAN, J.

Lpp 25.07.2022