Vasantharaj v. State Represented By

A.D.JAGADISH CHANDIRA, J.

The petitioner-A2, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 420, 120B, 465, 468, 471 and 506(2) of I.P.C, in Crime No.35 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioner along with the other accused, under the guise of the obtaining job in the airport received Rs.10 lakhs from the de-facto complainant and cheated the de-facto complainant. Hence the case.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He submits that the the de-facto complainant had lend a sum of Rs.10 lakhs, Rs.5 lakhs to the petitioner and Rs.5 lakhs to one Uthirakumar-A1. Thereafter, she has given a false complaint as if the petitioner has received money from her in the guise of obtaining job in the airport. He further submits that the petitioner has repaid the amount of Rs.5 lakhs borrowed from her and she is also given a letter to the

respondent police appearing the same. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) for the respondent would submit that the petitioner and the other accused have in the guise of obtaining a job in the airport and cheated in the tune of Rs.10 lakhs and he would submit that the petitioner had the de-facto complainant had given a statement admitting that the petitioner has repaid a sum of Rs.5 lakhs to her. However, he opposed for grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record including the FIR.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side , this Court is inclined to grant anticipatory bail to the petitioner.

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 Court ,Gingee, on condition that the petitioner

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 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 on everyday at 06.30p.m., for a period of one week and thereafter, he shall appear on every Saturday at 10.30a.m., before the respondent Police 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS.

12.11.2024 nvi A.D.JAGADISH CHANDIRA , J.

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