G Hajeera Sultana v. State Represented By
P. DHANABAL.J., The petitioner apprehends arrest for the alleged offences under Sections 406, 420, 120(B) of IPC in Crime No.62 of 2024, on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that, defacto complainant has purchased a KWID car in the month of August 2021 and thereafter, during the month of August 2021, defacto complainant received a message that he along with 20 others are selected under lucky dip that on 14.08.2022, the defacto complainant and others were invited to Turyaa Hotel, wherein A4 introduced about the Company and the product and given a attractive product by asking the defacto complainant to invest a sum of Rs.1,74,000/- so that they can stay in the hotels in India and Abroad which have tie-up with the said M/s.Doves Vacation. Based on the assurace given by M/s.Doves Vacation, the defacto complainant has transferred a sum of Rs.1,74,000/- through HDFC Bank Credit Card and thereby he was cheated.
3. The learned counsel appearing for the petitioner submits that petitioner has not received any amount from the defacto complainant and the 1/5
petitioner has made only phone calls to the defacto complainant . He further submitted that the petitioner is ready and willing to furnish substantial sureties for his due release and to abide by any conditions that may be imposed by this Hon'ble Court and therefore, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that, defacto complainant was cheated to the tune of Rs. 1,74,000/-. He further submitted that, investigation in this case is completed and the petitioner has no previous cases. However, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the submissions made on both sides and considering that the petitioner has not received any amount from the defacto complainant and the petitioner has made only phone calls to the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the 2/5
event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned XIV Metropolitan Magistrate, Egmore, Chennai on condition that the petitioner 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 and on further condition that: [a] the petitioner shall report before the respondent police on every Saturday for a period of four weeks and thereafter as and when required for interrogation; [b] the petitioner shall not abscond either during investigation or trial.
[c] the petitioner shall not tamper with evidence or witness 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].
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[e] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
06.08.2024 sma To
1. XIV Metropolitan Magistrate, Egmore, Chennai
2. The Inspector of Police, Thousand Light Police Station, Chennai. 4/5
P. DHANABAL.J., sma 06.08.2024 5/5