Gowtham Alias Goutham Choudary v. The State Rep By

Crl.O.P.No.15781 of 2024 T.V.THAMILSELVI, J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 406, 420, 34 and 506(ii) of IPC in Crime 73 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that the A1/Rajesh approached the defacto complainant for his financial need and obtained a sum of Rs.55,00,000/- from the defacto complainant and assured him that he would sell the land in his native place and repay the amount within three months but he failed to repay the amount. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner have been falsely implicated in this case in order to spoil his reputation and also did not commit any offence as alleged by the prosecution. He prays to allow this petition.

4. The learned Government Advocate (Crl. side) submits that the accused person cheated the defacto complainant to the tune of Rs.55 lakhs. Hence, raised objections to grant bail to the petitioner.

5. Considering the facts and circumstances of the case , this Court is inclined to grant anticipatory bail to the petitioner with the condition that the petitioner shall deposit a sum of Rs.8 lakhs to credit of crime No. 73 of 2024.

6. Accordingly, the petitioner is 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 XXII Metropolitan Magistrate, Egmore, on condition that the petitioner shall execute a separate 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 shall deposit a sum of Rs.8 lakhs to credit of crime No. 73 of 2024 on or before 25.07.2024. Further, the petitioner shall report before the respondent police 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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

7. Post on 25.07.2024 for reporting compliance. 05.07.2024 pbl T.V.THAMILSELVI, J.

pbl Crl.O.P.No.15781 of 2024 05.07.2024