D.Karuppasamy v. The State Rep By

P.DHANABAL,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 408,420,465,468 and 477A of I.P.C in Crime No.01 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner/A6 is working as Assistant Manager in the Manapuram Finance, Sirkazhi. The petitioner along with other accused entered into a criminal conspiracy and cheated a sum of Rs.16,79,297/- from the said Finance Company. Hence, the complaint.

3. The learned counsel for the petitioner would contend that the petitioner is a innocent and a false case has been foisted against them. He would further submit that the petitioner is no way connected with the said occurrence 4.The learned Government advocate(Crl.Side) would submit that initially the accused persons cheated a sum of Rs.9,16,295/-. After investigation it is found that they have cheated a total sum of Rs.16,79,297/- from the said Finance Company. He further submitted that investigation has been completed and charge sheet also filed. However, he 1/4

objected to grant anticipatory bail to the petitioner. 5.Heard both side and perused the materials available on record. 6.Considering the rival submissions on either side and considering the fact that investigation has been completed and charge sheet also filed and also considering the other aspects, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions: 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Mayiladuthurai 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 learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police everyday at 10.30 a.m until further orders.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[c] the petitioner shall not abscond 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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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