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Madras High CourtCRL OP/19854/2024granted

G.Ravishankar v. State Rep. By

2024-09-04Honourable Mr.Justice P. Dhanabal5 pages

Crl. O.P. No.19854 / of 2024 P. DHANABAL.J., The petitioner / Accused who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 406, 420, 465, 467 and 468 of IPC in connection with the Cr. No. 8 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner colluding with co-accused A1, induced the defacto complainant to get job for the defacto complainant's son in Electricity Board and that the accused have collected money to the tune of Rs.1,18,41,000/- from 16 persons inclusive of the defacto complainant, under the guise of getting employment and cheated. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the respondent police, that he had not introduced himself as EB officer and the respondent police have foisted a false case as against the petitioner, that the co-accused was arrested and released on bail and hence they prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for

the respondent police would contend that the petitioner along with other accused misrepresented that they would get job in electricity board for the defacto complainant's son and they collected a sum of money to the tune of Rs.1,18,41,000/- from 16 persons including this defacto complainant, but they did not arrange for job as promised and cheated and hence objected to grant anticipatory bail to the petitioner. Further he submitted that coaccused was arrested and released on bail.

5. Heard both sides and perused the materials available on record.

6. Considering the arguments putforth on either side, considering the fact that already the main accused A1 was arrested and released on bail, considering the nature of offences and that even as per the FIR, this petitioner had only spoken to the persons over phone, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial

Magistrate No.I, Tambaram 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 on everyday at 10.00 a.m. until further orders.

[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

[c] the petitioner shall not leave India without the previous permission of the Court;

[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 269 B.N.S.2023.

04.09.2024 mjs To 1.The Judicial Magistrate No.I, Tambaram.

2.The Inspector of Police, Central Crime Branch-III (Job Rocket), Tambaram City Police Commissionerate, Sholinganallur, Chennai-116. 3.The Public Prosecutor, High Court, Madras.

P.DHANABAL,J mjs

CRL O.P. No.19854 of 2024 04.09.2024