K.Robinpaul v. The Inspector Of Police
G.K.ILANTHIRAIYAN, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 420 of IPC in Crime No.276 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that A2 along A1 impersonated themselves as IPS Officer and Persons Assistant to the IPS Officer received a sum of Rs.6 lakhs from the defacto complainant and that they will obtain sanction order for running a shop in a prominent place. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. However, he submitted that the petitioner, without prejudice to his defence, is ready and willing to deposit Rs.3,00,000/- to the credit of crime No.276 of 2022.
4. The learned Additional Public Prosecutor submitted that there is no previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.
5. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner shall deposit a sum of Rs.3,00,000/-(Rupees Three Lakhs only), to the credit of the Crime No.276 of 2022, within a period of four weeks from the date on which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate-III, Coimbatore on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related 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, without prejudice to his defence, shall deposit a sum of Rs.3,00,000/-(Rupees Three lakhs only), to the credit of the Crime No.276 of 2022 before the Magistrate concerned, within a period of four weeks from the date on which the order copy made ready. [c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioner shall appear before the respondent police daily at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter as and when required for interrogation.
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] the petitioner shall not abscond either during investigation or trial.
[g] 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].
[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
02.09.2022 lok
G.K.ILANTHIRAIYAN, J.
lok 02.09.2022