Saravanan v. State Rep By

Crl.O.P.No.28447 of 2022 A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest for the alleged offence under Sections 406 & 420 IPC in Crime No.136 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant one Balaji is that the petitioner/accused had induced the defacto complainant in the guise of getting a job in the Transport Department and received a sum of Rs.10,000/- from the defacto complainant and cheated him. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that a case of money dispute has been falsely projected as a case of job racketing. Though the alleged incident is stated to have taken place during the year 2018, the complaint has been given recently during the year 2022. He would further submit

that earlier enquiry was conducted and it was closed. Thereafter, the case was registered based on reference under Section 156(3) Cr.P.C., Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner had induced the defacto complainant under the guise of getting a job in the Transport Department and received a sum of Rs.10,000/- from the defacto complainant and cheated him. He would further submit that the case has been registered based on reference under Section 156(3) Cr.P.C., Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and perused the materials available on records.

.

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 XVII Metropolitan Magistrate, Saidapet, Chennai 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 two weeks and thereafter, on every Saturday at 10.30 a.m., until further orders.

A.D.JAGADISH CHANDIRA, J.

Anu

[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].

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

28.11.2022 Anu Crl.O.P.No.28447 of 2022