Pavalabalan v. State Rep By
Crl.O.P.No.28692 of 2022 A.D. JAGADISH CHANDIRA, J., The petitioners, who apprehends arrest for the alleged offences under Sections 120(b), r/w.420, 465, 467, 471 of IPC in Crime No.127 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and along with others had created a bogus document and availed loan to the tune of Rs.1.5crores and cheated the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioner would submit that he has been implicated as per the confession statement of one Deepak and the petitioner's name is not mentioned in FIR. He would further submit that the petitioner is an innocent person and he is no way connected with the alleged offence. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned counsel for the petitioner would further submit that the petitioner is arrayed as A4 in this case. He would submit that the petitioner was granted anticipatory bail by this Court in Crl.OP.No.12713 of 2022 dated 17.06.2022, since, the petitioner was unable to furnish the sureties within the stipulated period of time, earlier order got lapsed, thereby the present petition has 1/4
been filed.
5. The learned Additional Public Prosecutor would submit that the petitioner was already granted anticipatory bail by this Court in Crl.OP.No.12713 of 2022 dated 17.06.2022 and he had not executed the sureties within time.
6. Taking into consideration, the petitioner was already granted anticipatory bail by this Court in Crl.OP.No.12713 of 2022 dated 17.06.2022 and he had not executed the sureties within time, this Court directs the petitioner to pay a sum of Rs.2,000/- towards costs to the credit of District Legal Services Authority, Villupuram District and to produce the receipt at the time of executing sureties.
7. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the copy of the order is made ready, before the CCB/CBCID Magistrate Court at Chennai, 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 2/4
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 10.30am and evening 5.30pm for a period of three weeks and thereafter as and when required for interrogation.
[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 229A IPC.
With the above directions, this Criminal Original Petition is ordered. 24.11.2022 tsh 3/4
A.D. JAGADISH CHANDIRA. J, tsh Crl.O.P.No.28692 of 2022 24.11.2022.
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