Rajkumar v. The State Rep By Its,
RMT.TEEKAA RAMAN, J.
The petitioner/A3, who apprehends arrest for the alleged offences under Sections 406, 420 & 506(i) of IPC in Crime No.627 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that the petitioner introduced A1 and A2 to the defacto compainant in the business. A1 and A2 joined together and received huge amount from the defacto complainant and when the defacto complainant demanded to repay the amount, the accused issued pro-notes and post dated cheques. The further allegation is that the post dated cheques were returned as unpaid and when the defcto complainant went to the office of the accused and asked for repayment, they threatened him with dire consequences. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is none other than the brother of the defacto complainant. He would further submit that the only allegation as
against the petitioner is that he introduced the defacto complainant with A1 and A2 and other than that he has nothing to do with the alleged offence. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (crl.side) appearing for the respondent Police would submit that the petitioner, who is none other than the brother of the defacto complainant, has introduced A1 and A2 to the defacto complainant in the business.
5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (crl.side) and perused the entire materials available on record.
6.Taking into consideration the facts of the case and the submissions made by the learned counsel on either side and the alleged overtact against this petitioner is that he has introduced the defacto complainant with A1 and A2, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7.Accordingly, 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 District Munsif cum Judicial Magistrate, Pallavaram, 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 report before the respondent police daily at 10.30 a.m., for a period of six weeks and thereafter as and when required for interrogation;
[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;
[e] 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC;
21.08.2023 vkr
RMT.TEEKAA RAMAN, J.
vkr 21.08.2023