A.Kamaraj v. State Rep By
G.K.ILANTHIRAIYAN, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 120B, 420, 408, 465, 467, 468, 471 of IPC, in Crime No.2351 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner was working as an Appraiser in Tamil Nadu Mercantile Bank, Ayapakkam. A1 to A4 pledged 1.666 Kilograms of furious jewels and availed a loan to the tune of Rs.36,00,000/-. The petitioner is arrayed as A5. Since, the petitioner is an Appraiser, he acted in favour of the accused persons. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor would submit that the petitioner colluded with the other accused and cheated the public funds and caused huge loss to the defacto complainant's bank. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Though this Court dismissed the earlier petition filed by the petitioner, on 19.05.2022, the respondent is not taking any steps to secure the petitioner. Further A1 to A4 were already arrested and subsequently released on bail. Even according to the case of the prosecution, the petitioner was working as an Appraiser, who assisted A1 to A4.
6. Considering the above facts and circumstances of the case, 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 Judicial Magistrate, Ambattur, 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 shall report before the respondent police daily at 10.30 a.m, and 05.30 p.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.
19.09.2022 mn/gd
G.K.ILANTHIRAIYAN, J.
mn 19.09.2022