Senthilkumar v. Inspector Of Police
G.K.ILANTHIRAIYAN, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 294(b), 506(i) of IPC, in Crime No.489 of 2022, seek anticipatory bail.
2. The case of the prosecution is that the petitioners cheated the defacto complainant to the tune of Rs.9,41,761/- under the guise of supplying medical equipments. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would also submit that the petitioners supplied the medical equipments to the tune of Rs.5,00,000/-. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned counsel for the Intervener would submit that under the guise of supplying medical equipments, the petitioners cheated the defacto complainant to the tune of Rs.9,41,761/-. Hence, he vehemently
opposed to grant anticipatory bail to the petitioners.
5. The learned Additional Public Prosecutor would submit that the petitioners and the defacto complainant had a business transaction. The petitioners received a sum of Rs.9,41,761/- from the defacto complainant and thereafter failed to supply the goods to him. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
6. It is seen that it is purely a business transaction. In fact, the petitioners supplied the medical equipments to the tune of Rs.5,00,000/- and failed to supply the remaining equipments.
7. Considering the above facts and circumstances, the custodial interrogation of the petitioners does not require in this case. Hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
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 XIII Metropolitan Magistrate, Egmore, on condition that each of the petitioners 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 petitioners 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 petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial. G.K.ILANTHIRAIYAN, J.
mn [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.
04.08.2022 mn