S.Balamurugan v. State Rep. By,

Crl.O.P.No. 24398 of 2022 SATHI KUMAR SUKUMARA KURUP., J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 342, 364A, 294(b), 323, 384 and 506(i) of IPC, in Crime No.421 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant along with one Nellaiyappan started a Gum Company in the year 2018 and in the year 2021, the defacto complainant started investing in stock market, where the said Nellaiyappan gave Rs.7,00,000/- and his brother-in-law one Ganesh @ Ram Gurunathan gave Rs.30,00,000/- to the defacto complainant to invest in stock market and due to Ukraine war, the invested amount had incurred loss. When the defacto complainant had gone to his son's house at Adambakkem, A1 along with 6 others had taken the defacto complainant forcefully in a car, parked it in a nearby place and had assaulted and verbally abused the defacto complainant asking him to repay the amount given by the said Nellaiyappan and Ganesh and obtained his signature in a blank green sheet. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and that he did not commit any such offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner. 1/4

4. The learned Government Advocate(Crl side) submitted that due to money transaction, A1 along with 6 others had taken the defacto complainant forcefully in a car, parked it in a nearby place and had assaulted and verbally abused the defacto complainant asking him to repay the amount given by the said Nellaiyappan and Ganesh and obtained his signature in a blank green sheet. He also submitted that A1 in this case was arrested. Hence, he opposed for grant of anticipatory bail to the petitioner

5. Considering the facts and circumstances of the case and also the submissions made by both counsel, this Court is inclined to grant anticipatory bail to the Petitioner subject to the following conditions.

6. Accordingly, the Petitioner is ordered to be released on bail in the event of arrest by the Respondent Police or the Police Officer, who intends to arrest or on the Petitioner surrenders before the Judicial Magistrate, Alandur, within a period of fifteen days from the date of receipt of a copy of this order, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum/amount to the satisfaction of the Judicial Magistrate, Alandur, Further, one of the sureties shall be a blood relative. (a) the sureties shall affix their photographs and left thumb impression in the surety bond. The Police Officer who intends to arrest or the learned Judicial Magistrate before whom the Petitioner surrenders and the sureties execute bond shall obtain a copy of their Identity Card, Aadhar Card, or Voter 2/4

Identity Card or Driving Licence or PAN Card or Bank Passbook with Photo affixed and attested by the Bank Manager as proof of Identity. (b) the Petitioner shall report before the Respondent Police daily at 10.00 a.m., until further orders.

(c) the Petitioner shall not influence, threaten or coerce the 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 Investigation Officer shall exercise the discretion to cancel the bail by approaching the Court of the learned Judicial Magistrate/Trial Court. (f) the learned Judicial Magistrate/Trial Court shall on application for cancellation of bail bond by the Investigation Officer shall pass appropriate orders as though bail granted by the learned Judicial Magistrate/Trial Judge himself/herself 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.

06.10.2022 smn/vv 3/4

SATHI KUMAR SUKUMARA KURUP., J.

smn/vv Crl.O.P.No. 24398 of 2022 06.10.2022 4/4