E.Deivamani v. The State Represented By

P.DHANABAL,J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 420 and 506(1) of IPC , in Crime No.173 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that A1 and A2, under the guise of arranging jobs in abroad to the sons of the defacto complainant, obtained a sum of Rs.7,60,000/- from the defacto complainant and also sent them to Armenia country. After reaching Armenia, the sons of the defacto complainant came to know that they were sent to the said Country only by Tourist Visa as Tourists and not on work visa. On coming to know about the same, the defacto complainant approached the accused persons requesting them to arrange to bring back their sons to India, for which, they threatened the defacto complainant with dire consequences. Thereafter, the defacto complainant by obtaining loan of Rs.80,000/-, brought his sons back to India and lodged a complaint to take action against the accused persons and to recover the amount of Rs.8,40,000/-, which is inclusive of the expenses incurred by the defacto complainant.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she is no way connected with the 1/5

offences alleged to have been committed by the other accused and that she has been falsely implicated in this case. He further submitted that A1 has already been released on bail by this Court on condition to deposit a sum of Rs.5 lakhs. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that A1 and A2 under the guise of offering jobs in abroad to the sons of the defacto complainant, received a sum of Rs.7,60,000/- from the defacto complainant and thereafter, they sent the sons of the defacto complainant to Armerna in Tourist Visa as if, sending them on work visa. Insofar as the petitioner/A3 is concerned, she is the one who introduced A1 and A2 to the defacto complainant.

5. Considering the submissions of both sides and also considering the fact that the petitioner is only introducer of A1 and A2 to the defacto complainant and there is no previous case against the petitioner and that the main accused/A1 has already been released on bail by this Court, 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 event of arrest or on her appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I, Vridhachalam, on condition that the petitioner shall 2/5

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 at 10.30 a.m. for a period of four weeks and thereafter, as and when required for interrogation.

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

[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 v. State of Kerala [(2005) AIR SCW 5560].

[e] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the B.N.S.

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To 1.The Judicial Magistrate No.I, Vridhachalam, 2.The Inspector of Police, Veppur Police Station, Cuddaloer, T.N. 3.The Public Prosecutor, High Court, Madras-600 104. 4/5

P.DHANABAL,J.

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