S.D.Krishna Kumar v. The State Rep By
G.K.ILANTHIRAIYAN, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406 and 420 of IPC, in Crime No.328 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and defacto complainant belong to the same political party. It is alleged that the petitioner received a sum of Rs.3,50,000/- from the defacto complainant under the guise of getting a post of General Secretary of Women Wing in the political party. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor would submit that the petitioner and the defacto complainant belong to a same political party. The petitioner under the guise of getting a post of General Secretary of
Women Wing in the political party, received a sum of Rs.3,50,000/- from the defacto complainant. He further submitted that there also other victims who have been cheated by the petitioner. Hence, he vehemently opposed grant of anticipatory bail to the petitioner.
5. It is seen that though the defacto complainant states that she paid a sum of Rs.3,50,000/-, to get a post of General Secretary of Women Wing of the political party, there is no proof to show that she had paid that amount.
6. Considering the above fact and circumstances of the case, the custodial interrogation of the petitioner does not require in this case. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, 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 is made ready, before the IIMetropolitan Magistrate Court, Egmore, Chennai, 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 daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.
[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].
G.K.ILANTHIRAIYAN, J.
mn [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
05.08.2022 mn