Sudhakar v. The State Rep.By

P.DHANABAL,J.

The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 420 and 120B of IPC in Crime No.130 of 2024 seeks anticipatory bail.

2. The case of the prosecution is that on 05.05.2015, the first accused demanded some money as a help to recover his wife, the second accused from goons. As such the defacto complainant gave a sum of Rs.6,00,000/- and 20 sovereigns of jewels to them, but, they have never repaid the amount and not return the jewels. Hence, the case.

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioners submits that already this Court has granted interim anticipatory bail to the petitioners till 13.08.2024 vide order dated 25.07.2024 in Crl.OP.No.15620 of 2024 on condition that the petitioner should deposit a sum of Rs.7,00,000/- to the credit of Cr.No.130 of 2024 before the concerned Magistrate within a period of two weeks, the said

condition was complied by the petitioners. Hence, he prays to grant anticipatory bail to the petitioners.

4. Learned counsel for the Intervenor is present and not disputed the condition complied by the petitioner and the deposit of amount before the trial court.

5. The learned Government Advocate (Crl.Side) appearing for the respondent submits that already this Court has granted interim anticipatory bail to the petitioners, and thereafter the petitioner has deposited the money before the trial court.

6. Heard the learned counsel for the petitioners, the learned counsel for the Intervenor and the learned Government Advocate (Crl.Side) and perused the materials available on record.

7. This Court already granted interim anticipatory bail to the

petitioner on condition that the petitioner has to deposit a sum of Rs.7,00,000/- to the credit of Cr.No.130 of 2024 before the concerned Magistrate, through order dated 25.07.2024 and the said conditions was complied by the petitioner, considering the rival submissions on either side, considering the nature of offences and the petitioner also deposited a sum of Rs.7,00,000/- before the trial court and no previous case is pending against the petitioner and the material part of investigation is also over, this Court is inclined to grant anticipatory bail to the petitioners.

8. 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 Metropolitan Magistrate-XVII, Saidapet, Chennai on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent police on every

Saturday at 10.30 a.m., for a period of four weeks. [b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] 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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

30.10.2024 Vv P.DHANABAL, J.

Vv 30.10.2024