R.Dinesh v. The Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 468, 471 & 420 IPC, in Crime No.278 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. Learned counsel for the petitioner submitted that in a business transaction, false criminal complaint was given implicating the petitioner in Crime No.278 of 2023, for the alleged offence under Sections 468, 471 & 420 IPC. Thus, he prays for anticipatory bail for the petitioner.

3. In response, the learned Government Advocate (Crl.Side) submitted that defacto complainant and petitioner started a partnership business on 07.09.2017. Subsequently, petitioner was released from the business and petitioner's wife was inducted as partner. Accused promised to release his property from ESAF Small Finance Bank. On

16.02.2023, he received a legal notice. He found that he is sought to be made liable for the loss of Twin Talls Enterprises. Without his knowledge, jewel loan to the tune of Rs.3,22,500/- was operated through his Savings bank account No. 50220001998339 and a sum of Rs.2,800/- was taken from his account. In the said circumstances, FIR came to be registered.

4. This Court finds from the FIR allegations that, there is a partnership business, retirement of defacto complainant, induction of petitioner's wife and certain other factors. In the circumstances stated, this Court is of the view that, to move the case forward and to make the petitioner to participate in the investigation, this Court is inclined to grant anticipatory bail to the petitioner. Therefore, 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 made ready, before the learned Judicial Magistrate - I, Gobichettipalayam, 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 everyday 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. 19.07.2023 sli

G.CHANDRASEKHARAN.

J.

sli 19.07.2023