Keshav v. The State Rep By Its,
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420 IPC read with Section 66D of Information Technology (Amendment) Act, 2008 in Crime No.69 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused conspired and promoted online job portal and received monies from several persons and cheated them. The defacto complainant has deposited an amount of Rs.11,16,100/-. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that he is an innocent person and he has been wrongly roped in this case since his account has been misused by the other accused and no amount has been transacted from his account. He would submit that the other accused persons have been arrested and enlarged on bail on depositing an amount of Rs.1,00,000/- each to the credit of crime number. Therefore,
the petitioner, without prejudice to his rights, he is ready and willing to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of crime No.69 of 2022. Therefore, 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 created an online portal and cheated several persons to the tune of Rs.11,16,100/-. He would further submit that the arrested accused persons have been enlarged on bail. However, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.69 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 her appearance, before the learned Chief Metropolitan Magistrate, 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 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 deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.69 of 2022, before the concerned Magistrate, 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., for a period of two 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.
13.09.2022 Anu
A.D.JAGADISH CHANDIRA, J.
13.09.2022