Meddaikar Arif Ahmed v. The State Rep By Its,

Crl.O.P.No.27686 of 2022 A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest for the alleged offence under Section 420 IPC in Crime No.829 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant one Narendren is that the accused by non payment of shipping bills, had cheated the defacto complainant to the tune of Rs.45,91,464/-. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner was having business transactions with the defacto complainant. Since there was some dues in payment for the goods exported, a complaint has been given against the petitioner. Subsequently, the entire dues have been settled by the petitioner to the defacto complainant. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned learned Additional Public Prosecutor appearing

for the respondent would submit that there was a business dispute between the petitioner and the defacto complainant. He would further submit that the entire amount has been later settled by the petitioner. 5.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and perused the materials available on record.

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6. Taking into consideration the facts and the submissions, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:-

7. Accordingly, 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, Rasipuram on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation.

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

[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Courthimself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

A.D.JAGADISH CHANDIRA, J.

Anu

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

28.11.2022 Anu Crl.O.P.No.27686 of 2022