Balakrishnan,M/A 56 Yrs v. State By

and Crl.M.P.No.15331 of 2023 RMT.TEEKAA RAMAN, J.

The petitioner/accused, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 420 and 506(i) of I.P.C, in Crime No.13 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioner and the defacto complainant are watermelon wholesale merchants and in sequence of the same the de-facto complainant had purchased and transported watermelon to the petitioner's shop at Bangalore Karnataka city. On 12.04.2022, the de-facto complainant had sent a watermelon to the petitioner to Bangalore shop for which amount was not paid. Therefore, the de-facto complainant asked the money and no proper answer was given. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) for the respondent would submit that the dispute is civil in nature. However, he opposed for grant of anticipatory bail to the petitioner.

5. Heard both sides and the learned counsel for the intervenor and perused the materials available on record including the FIR.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, petitioner is directed to deposit a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) to the credit of Crime No.13 of 2023, before the concerned Magistrate, failing which, the anticipatory bail shall stand dismissed, 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 Judicial Magistrate-I, Tiruvannamalai, on condition that the petitioner shall execute a separate 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: [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.

[b]the petitioner is directed to deposit a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) to the credit of Crime No.13 of 2023, before the concerned Magistrate, failing which, the anticipatory bail shall stand dismissed;

[c] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during investigation or trial.

[f] 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

[h] Consequently, connected Crl.M.P is closed. 22.09.2023 nvi

RMT.TEEKAA RAMAN, J.

nvi 22.09.2023