Lokesh Kumar @ Lokesh Khandelwal v. State Rep By

C.V.KARTHIKEYAN,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 408 & 420 of IPC, in Crime No.52 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. It is stated that the 1st accused was working in a jewellery shop/JC Jewellers and it is contended that the 1st accused secreted away small amounts of gold at regular intervals, totally, 1.890 gms of gold. He had also melted the same and sold it in the market. The allegation against the petitioner is that he had knowledge about the said offence but however, it is pointed out by the learned counsel for the petitioner that A1 had been granted bail by an order dated 06.06.2023 in Crl.O.P.No.12038 of 2023 by a learned Single Judge of this Court on condition to deposit the original title deeds of an immovable property worth about Rs.15 lakh.

3. In view of the fact that the said title deeds would cover any loss suffered by the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioner herein subject to the following conditions:

4. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the Metropolitan Magistrate No.VIII, George Town, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 monthly once i.e., on every Saturday 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.

05.10.2023 ata

C.V.KARTHIKEYAN,J.

ata 05.10.2023