Kalaiarasan v. The Inspector Of Police

Crl.O.P.No. 7 1 8 8 of 2 0 1 6 K. KALYANA S U NDARAM , J.

The petitioner, who is single accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420 and 506(i) of IPC on the file of the respondent police, in Crime No. 242 of 2016 and seeks anticipatory bail.

2 . The case of the prosecution is that the petitioner received a sum of Rs.4 lakhs from the de-facto complainant for securing employment but failed to either secure the job nor return the amount.

3.

Learned counsel appearing for the petitioner would submit that the accused and the de-facto complainant are friends and he borrowed only a sum of Rs.50,000/- from the de-facto complainant, for which, he was kidnapped and harassed by the de-facto complainant and also obtained signatures in a blank papers. It is further submitted that he issued a notice dated 10.04.2016 and also filed a suit in O.S.No. 2634 of 2016 before the City Civil Court, Chennai, against the de-facto complainant. Whileso, the present complaint is filed. 4.

The learned Government Advocate (Crl. Side) would submit that this is a case of job racketing and the petitioner is not entitled for anticipatory bail. 5 . Considering the facts and circumstances of the case and also considering the nature of the allegation made against the petitioner, this Court is inclined to grant

anticipatory bail to the petitioner with certain conditions. K.KALYANA S U NDARAM , J.

v s g 6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned 10th Metropolitan Magistrate, Egmore, Chennai and on executing 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 learned Magistrate concerned and on further condition that the petitioner shall deposit a sum of Rs.2 lakhs to the credit in Crime No. 242 of 2016 on the file of the earned 10th Metropolitan Magistrate, Egmore, Chennai and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.

The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. v s g 29.04.2016 Crl.O.P.No. 7 1 8 8 of 2 0 1 6