Ashokkumar v. State

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 406, 420, 465, 467, 468, 471, 506(i) r/w 34 of IPC in Crime No.120 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He has been implicated in this case, as if, petitioner along with other accused cheated the defacto complainant and others to the tune of Rs.42,00,000/-. He further submitted that the petitioner is ready to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

3.Learned Government Advocate (Crl.Side) appearing for the respondent submitted that this is a case of job racketing. The petitioner along with others cheated the victims to a tune of Rs.42,00,000/-. Thus, he vehemently opposed for the grant of anticipatory bail to the petitioner. 4.Considering the facts and circumstances, this Court is inclined to grant

anticipatory bail to the petitioner, with the following conditions.

5. Accordingly, the petitioner is ordered to be released on anticipatory bail, in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Metropolitan Magistrate, Additional Court for exclusive trial of CCB cases, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, 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 deposit a sum of Rs.12,00,000/- (Rupees Twelve Lakh only) to the credit of Crime No.120 of 2022 before the concerned Court within a period of two weeks from the date of receipt of a copy of this order and on such deposit, the defacto complainant is permitted to withdraw the same, and appropriately share the amount to the other victims on filing undertaking affidavit and proper identification and acknowledgment;

(b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[c] the petitioner shall report before the respondent

police every Tuesday and Saturday at 10.30 a.m., until further orders.

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

[f] 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 has been imposed and the petitioner is 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]; and;

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

6. Post the matter on 13.11.2024, under the caption 'for reporting compliance'.

18.10.2024 rri T.V.THAMILSELVI,J.

rri

18.10.2024