John @ Anbuselvan v. State Rep By

Crl.O.P.No.20700 of 2023 C.V.KARTHIKEYAN,J.

Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that he had deposited a sum of Rs.7,00,000/- to the credit of Cr.No.434 of 2023 before the V Metropolitan Magistrate, Egmore, Chennai.

2. The deposit of Rs.7,00,000/- is also affirmed by the learned Government Advocate (Crl.Side) appearing for the respondent police.

3. The petitioner seeks anticipatory in Crime No.434 of 2023 registered by the respondent police for the offence punishable under Sections 403, 406, 420, 469 and 471 of IPC.

4. It is stated that the defacto complainant had sought to the assistance of the petitioner to arrange a job for his friend's daughter. In this connection, it is alleged that the petitioner had received a sum of 1/5

Rs.13,00,000/-. However, since the petitioner had deposited the said sum of Rs.7,00,000/- , this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

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

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[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[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 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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6. The learned V Metropolitan Magistrate, Egmore, Chennai shall retain the aforesaid deposit amount till the completion of trial. If the accused had acquitted, return it back to the accused, if the accused had convicted, return it over to the defacto complainant.

7. With the above directions, this Criminal Original Petition is allowed.

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C.V.KARTHIKEYAN,J.

Vv Crl.O.P.No.20700 of 2023 20.10.2023 5/5