Faizan Sheriff v. Inspector Of Police

Crl.O.P.No.23721 of 2023 C.V.KARTHIKEYAN, J.

The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 403, 406, 420 and 120 B of IPC in Crime No.185 of 2023, seeks anticipatory bail.

2. It is stated that the FIR had been registered after directions have been received from the learned XVII Metropolitan Magistrate, Saidapet, Chennai, wherein, application has been filed under Section 156(3) Cr.P.C.

3.The case of the defacto complainant is that, there was a job opening in a particular company and he had received amounts through GPay and had transferred it to the account of the 1st accused, who promised him that after training is over he will get an appointment order. The entire issue was found to be a fraud. However, A1 had been granted anticipatory bail in Crl.O.P.No.19079 of 2023 by my learned predecessor on 04.09.2023, with condition to deposit a sum of Rs.1,25,000/-. 1/4

4.In view of that particular fact, anticipatory bail is also granted to the petitioner herein with certain conditions.

5. 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 XVII Metropolitan Magistrate, Saidapet, Chennai, on condition that the petitioner shall execute 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 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 two weeks and thereafter as and when required for interrogation.

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[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 Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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

23.11.2023 smv 3/4

C.V.KARTHIKEYAN , J.

smv Crl.O.P.No.23721 of 2023 23.11.2023 4/4