Devi v. The State Re By Its,

P.DHANABAL, J.

The petitioner who apprehends arrest for the alleged offences under Sections 294(b), 406, 420, 506(1) and 120(B) of Crime No.24 of 2023, on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that the petitioner and the other accused have enticed the de facto complainant to purchase a land and also they have borrowed money from the de facto complainant and failed to repay the say. Hence, the complaint.

3.

The learned counsel appearing for the petitioner submits that the petitioner had not committed any offence as alleged and the petitioner had been falsely implicated in this case. He further submitted that the petitioner is ready and willing to furnish substantial sureties for his due release and abide by any condition that may be imposed by this Court and therefore, he prayed to grant anticipatory bail to the petitioner . 4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner and the other 1/4

accused had enticed the de facto complainant to purchase a land and further borrowed money from him. He further submitted that the police have filed final report before the Judicial Magistrate I, Tiruvallore stating that further action has been dropped in as much as the parties have come to an amicable settlement outside the Court.

5.

Considering the representations made by both sides and considering the nature of offences charged against the petitioner and as the investigation is also completed and further, taking into consideration of the fact that negative charge sheet has been filed by the respondent police 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 his/her appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the Judicial Magistrate I, Tiruvallore on condition that the petitioner 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 the respondent 2/4

police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned.

[a] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade then from disclosing such facts of the Court or to any police officer.

[b] the petitioners shall not leave India without the previous permission of the Court.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall make themselves available for interrogation by a police officer as and when required. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

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P.DHANABAL, J.

vca [f] If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

12.09.2024 vca 4/4