Shibly Ahamed.A v. State Rep By

Crl.O.P.No.24643 of 2024 P.DHANABAL, J.

The petitioner apprehends arrest for the alleged offences under Section 415, 420 of IPC in Crime No.53 of 2021, on the file of the respondent police seeks anticipatory bail.

2.

The case of the prosecution is that the defacto complainant is running a business in the name and style of M/s. Honest Tours & Travels. A person named Raghu approached the defacto complainant and asked to send four persons to South Korea for job purpose. The defacto complainant approached the accused company M/s. Invensys Gobal Solution and asked for help to send the four persons. The accused agreed to it and both executed an agreement on 20.05.2018. Thereafter, the defacto complainant received cash of Rs.11,00,000/- from Raghu and sent the amount to the accused bank account as first installment and another Rs.1,35,000/- as second installment. Then the defacto complainant and accused sent the four persons to abroad, but the persons kept in a hotel in Bangkok for 30 days and they did not provide with any employment and the accused cheated them, instead of getting a job. Thereafter, the accused contacted the defacto complainant and stated that he was cheated by one 1/6

Thailand Agent and thus requested the defacto complainant's help to bring the persons back to India. The defacto complainant asked the accused to repay money for that the accused gave 2 cheque for Rs.5,00,000/-. Thereafter, the defacto complainant tried to contact the accused for money, but the accused absconded. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. The petitioner has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and he prays to grant anticipatory bail to the petitioner.

4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner cheated the defacto complainant by stating that he will obtain jobs in foreign and received Rs.11,00,000/- and thereafter did not provide job and he further submitted that there is no previous case pending against the petitioner. However, he opposed to grant bail to the petitioner.

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5.

Considering the representations made by both sides and considering the nature of offences charged against the petitioner and no previous case is pending against the petitioner and also considering that alleged occurrence took place in the year 2018 and FIR was registered only in the year 2021, till date the respondent police have not secured the accused and the accused also already issued cheques to the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the Judicial Metropolitan Magistrate No. V, Egmore 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 and on further condition that:

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[a] the petitioner shall report before the respondent police daily at 10.30 A.M. until further orders; [b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts of the Court or to any police officer.

[c] the petitioner shall not leave India without the previous permission of the Court.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall make himself/herself available for interrogation by a police officer as and when required. [f] 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].

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[g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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P.DHANABAL, J.

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