K.J.Suriyanarayanan v. State Rep By

A.D.JAGADISH CHANDIRA,J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 468, 471, 417 of IPC in Crime No.6 of 2018, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant one Sundari is that, she is the Honorary Secretary of St.. John Ambulance Association, Chennai City, South Centre, Mylapore, Chennai. The allegation is that the accused was given authorization to run training center and issue certificates by the collecting fees of Rs.500/- till the year 2017. However, after expiry of authorization period, the petitioner had fabricated the documents and issued false certificates to various persons and cheated the defacto complainant. Hence, the case.

3. The learned counsel for the petitioner would submit that, the petitioner is an innocent person and due to dispute between the members of the St. John Ambulance Association, false complaint has been lodged. He would further submit that yet another case was given in Crime No.7 of

2018 and the petitioner had applied for quashing of the said FIR and this Court by order Crl.O.P.No.19154 of 2022 dated 02.09.2022 had quashed the proceedings in respect of Crime No.07 of 2018. Hence, he seeks for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that, the petitioner without authorization, by fabricating the documents had issued false certificates. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail with certain conditions.

6. 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 Special Court for Exclusively Trial of CCB & CBCID Metro Cases, Egmore, Allikulam, 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.

[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].

A.D.JAGADISH CHANDIRA,J.

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

30.11.2022 Sma