G Eswaran v. Inspector Of Police
C.V.KARTHIKEYAN , J.
The petitioners herein seek anticipatory bail in Crime No.1329 of 2021 registered by the respondent Police for the offence under Sections 420 and 506(i) IPC.
2. The learned counsel for the petitioners stated that the petitioners are innocent persons and they have been falsely implicated in Crime No.1329 of 2021 registered by the respondent Police for the offence under Sections 420 and 506(i) IPC. Thus, he seeks anticipatory bail to the petitioners.
3. It is stated by the learned Government Advocate (Crl.Side) that, apart from the defacto complainant, there are three others, who have been solicited by the petitioner for investment of money and a total sum of Rs.30,00,000/- has been paid to the petitioners. They promised return with higher interest. However, they never repaid back either the principle or the interest. The defacto complainant had lost Rs.9,00,000/-.
4. The learned counsel for the petitioners stated that, to express 1/6
their bonafide, they would deposit a sum of Rs.10,00,000/- to the credit of Crime No.1329 of 2021 before the learned Judicial Magistrate, Sirkazhi. The further direction is that the petitioners should appear before the respondent and disclose the entire transaction, which they had entered into with the defacto complainant and three others.
5. In view of the facts, anticipatory bail is granted to the petitioners herein, with a direction to jointly deposit a sum of Rs.10,00,000/- to the credit of Crime No.1329 of 2021 before the learned Judicial Magistrate, Sirkazhi within a period of two weeks from the date of receipt of a copy of this order.
6.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 learned Judicial Magistrate, Sirkazhi, on condition that the petitioners 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 2/6
concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[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 jointly deposit a sum of Rs.10,00,000/- to the credit of Crime No.1329 of 2021 before the learned Judicial Magistrate, Sirkazhi within a period of two weeks from the date of receipt of a copy of this order. On such deposit, the learned XI, Metropolitan Magistrate, Saidapet, Chennai, shall deposit the said amount in an interest bearing deposit scheme with auto renewal facility, in a nationalised bank and appropriate orders shall be passed on the accured/security amount at the time of disposal of the case.
[c] (i) the 1st petitioners shall report before the respondent police daily at 10.00.a.m., until further orders.
(ii) the 2nd petitioner shall report before the respondent police, once in a week, at 10.00 a.m., until further orders.
[d] the petitioners shall not tamper with evidence or witness 3/6
either during investigation or trial;
[e] the petitioners 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 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];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC;
19.10.2023 gd 4/6
C.V.KARTHIKEYAN , J.
gd 5/6
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