Natarajan v. State Rep By
G.K.ILANTHIRAIYAN, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 341, 419, 420 and 506(ii) of IPC in Crime No.509 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that on 01.12.2021 the defacto complainant had lodged a complaint alleging that A1 had called upon the defacto complainant and informed that he is having large quantity of 2000/- rupees and the same will be declared as invalid shortly, for which he had offered to give the double of the amount, in continuation of the same the defacto complainant along with his cousin brother came to Tiruthani on 01.12.2021 with 3 lakhs Rupees, when they called upon the A1 he had not turned up, but his men's had picked up the defacto complainant and cousin brother on the way near Melpakkam Railway Station, some persons had way laid them and stated themselves as Cyber Crime Police and took away the three lakhs and vivo cell phones from defacto complainant and his cousin brother for which the present complaint was registered. Hence the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, as investigation almost completed, 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 before the learned Judicial Magistrate, Arakkonam, Ranipet District, 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 is directed to deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the credit of the Crime number 509 of 2021 and the defacto complainant is permitted to withdraw the same without prejudice to the right and contentions within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.
[b] 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. [c] the petitioner is directed to report before the respondent police daily at 10.30 a.m., until further orders;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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.
03.08.2022 ata G.K.ILANTHIRAIYAN, J.
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03.08.2022