Kirubakaran Muthaiyan v. The Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 120B, 420, 465, 467 and 471 IPC and subsequently altered to only 420 IPC in Crime No.207 of 2020, seeks anticipatory bail.

2. It is stated by the learned Government Advocate (Criminal Side) that after investigation, all other provisions have been dropped by the respondent.

3. The learned counsel for the petitioner stated that the petitioner has been arrayed as A1 in this case and the petitioner has been falsely implicated in this case. He also stated that the petitioner is no way connected with the aforesaid allegations. He further stated that one of the accused persons had been granted anticipatory bail. 1/5

4. On the side of the respondent, the learned Government Advocate (Criminal Side) stated that the petitioner had obtained cash credit of Rs.2,20,00,000/- (Rupees Two Crores and Twenty Lakhs Only) from the Punjab National Bank, Royapettah High Road Branch, Chennai and had not repaid the loan. However, recovery proceedings have been initiated. He also stated that two immovable properties have also been allotted as collateral security.

5. Taking into consideration of the fact that the petitioner has been now participating in the civil proceedings for the recovery of loan, this Court is inclined to grant anticipatory bail to the petitioner herein with certain conditions. 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 CCB & CBCID Special Court, Egmore, on condition that the petitioners 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 2/5

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., until further orders. [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 3/5

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.

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C.V.KARTHIKEYAN , J.

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