Selvakumar v. Inspector Of Police
C.V.KARTHIKEYAN, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 506(i) and 420 IPC in Crime No.8 of 2023, seek anticipatory bail.
2. It had been stated that the Crime Number is not known. Subsequently, the learned counsel for the petitioners filed a memo received by the Registry, wherein it had been stated that the FIR had been registered in Crime No.8 of 2023 by the respondent. The Registry is therefore directed to mention the Crime Number as Crime No.8 of 2023 before issuing the order copy.
3. The gist of the allegation is that there had been transaction between the petitioners and the defacto complainant wherein it was alleged that a sum of Rs.90,00,000/- (Rupees Ninety Lakhs Only) had been cheated by the petitioners herein. Subsequently, there appears to have been settlement reached between the petitioners and the defacto 1/5
complainant and to that regard, a memo had been filed by the learned counsel for the petitioners which has been received by the Registry stating that the petitioner had come forward to repay a sum of Rs.40,00,000/- (Rupees Forty Lakhs Only) directly to the defacto complainant by way of 9 cheques and it also had been issued.
4. In view of these facts which expressed the bonafide on the part of the petitioners, this Court is inclined to grant anticipatory bail to the petitioners herein with certain conditions. Accordingly, the petitioners are 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 Judicial Magistrate No.I, Perambalur District, on condition that the petitioners shall execute a seperate 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 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: 2/5
[a] the petitioners 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 petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for the interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 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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[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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