D. Sivasankaran v. The State Rep By
G.CHANDRASEKHARAN.
J.
The petitioner namely D.Sivasankaran, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 341, 342, 365, 506(II) IPC read with 4 of Tamilnadu Prohibition of Charging Exorbitant Interest Act 2003 and Section 18(1) of Tamilnadu Money Lenders Act in Crime No.360 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. Learned counsel for the petitioner submitted that, petitioner is an advocate. 2nd Accused is his client. De-facto complainant borrowed a sum of Rs.3,00,000/- from the 2nd accused. The de-facto complainant had come to the petitioner's place, in connection with payment. In support of his submission, he produced copies of the video footage to show the entry and exist of the defacto complainant.However, a false complaint is given and the petitioner is shown as an accused. Apprehending arrest, this petition is filed.
3. In response, learned Government Advocate (Crl. Side) submitted that, petitioner is an advocate. On behalf of the 2nd accused, the petitioner had allegedly kidnapped the de-facto complainant and demanded the money due to the 2nd accused from the de-facto complainant. Other accused in this case had been arrested and released on bail. Therefore, he prays for dismissal of this petition.
4. Considering the nature of allegations made in the first information report and that co-accused had been arrested and released on bail and that the material part of the investigation might have been over by this time, this Court is of the view that, custodial interrogation of the petitioner is not necessary and 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 District Munsif cum Judicial Magistate, Nannilam, Tiruvarur District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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.
[d] 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.CHANDRASEKHARAN.
J.
gd [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
28.07.2023 gd