R.Navin v. Inspector Of Police
A.D.JAGADISH CHANDIRA , J.
The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 342, 406, 420 and 506(ii) of IPC in Crime No.153 of 2022, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and the defacto complainant were doing business. It is alleged that due to money dispute, the petitioners threatened the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioners would submit that on the complaint lodge by one Meena, the defacto complainant herein, the present FIR has been registered as if the petitioners received a sum of Rs.26 lakhs to avail loan. Whereas, the complaints were lodged by various persons for the same set of allegations as against the defacto complainant. Almost 3 cases were registered in Crime Nos.409 of 2019 , 410 of 2019 and 411 of 2019 on the file of the Inspector of Police, D1
North Beach Police Station, Flower Bazaar, Chennai. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioners are arrayed as A4 and A5. He further submitted that the co-accused i.e., A1 to A3 have already been released on bail. However, he objects for grant of anticipatory bail to the petitioner.
5. Heard the learned counsel appearing on either side and perused the entire materials available on record including the First Information Report.
6.Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that the co-accused have already been released on bail, this Court is inclined to grant bail to the petitioners with certain conditions.
7.Accordingly, 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 XIV Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioners shall execute separate 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 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 petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation ;
A.D.JAGADISH CHANDIRA , J.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioners 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 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 28.06.2023 Lpp