R.Goutham Balaji v. State Rep By,The Inspector Of Police

RMT.TEEKAA RAMAN,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 420, 465, 466 of IPC r/w 34 & 120(B) of IPC, in Crime No. 173 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused in order to obtain Office Assistant Jobs in Tamil Nadu State Government, received a sum of Rs.18,80,000/- from various persons including the defacto complainant and thereafter, they have neither secured any job nor returned the money. 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. He would further submit that the petitioner is also one of the victim in the said amount of Rs.18,80,000/- and since out of his friendship, he has introduced three persons, who were arrayed as co-accused in this case. He would also submit that the petitioner, without

prejudice to his rights and contentions, ready and willing to deposit a sum of Rs.5 lakhs to the credit of Crime No.173 of 2022. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that the petitioner along with other accused in order to secure Job at Government of Tamil Nadu have received a sum of Rs.18,80,000/- from various persons including the defacto complainant and thereafter, failed to secure any job and refused to return the money. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances and also the submission made by the learned counsel for the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is directed to deposit a sum of

Rs.5,00,000/- (Rupees Five Lakh only) to the credit of Crime No.173 of 2022 before the concerned Magistrate, within a period of three weeks from the date of receipt of a copy of this order and on such deposit 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 CCB & CBCID Cases, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties 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 directed to deposit a sum of Rs.5,00,000/- (Rupees Five Lakh only) to the credit of Crime No.173 of 2022 before the concerned Magistrate, within a period of three weeks from the

date of receipt of a copy of this order.

[c] the petitioner shall report before the respondent police on every Monday and Saturday at 10.30 a.m., for a period of six weeks and thereafter, shall appear before the respondent police as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

25.08.2023 ata RMT.TEEKAA RAMAN,J.

ata 25.08.2023