Paramasivan v. State By

Crl.O.P.No. 24609 of 2023 C.V.KARTHIKEYAN, J.

The petitioner/A3, who apprehends arrest for the alleged offences punishable under Sections 465, 466, 468, 471 & 420 IPC, in Crime No.90 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.It is stated that the present petitioner had introduced the defacto complainant to the first and second accused, who had promised that a job to be given and received money. In that manner, a total sum of Rs.27,09,500/-had been received from four separate persons. So far as the petitioner herein is concerned, A1 has stated in the confessional statement that the petitioner had received a sum of Rs.10,00,000/- from the defacto complainant.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. A1 and A2 had been granted bail. Thus, he prays for grant of anticipatory bail to the petitioner.

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4.It is stated on behalf of the respondent that A1 and A2 had been granted bail since final report had not been filed. 5.In view of the fact, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.1, Vaniyambadi, 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:

(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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 everyday Morning at 10.00 a.m., 2/4

for a period of two 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. 31.10.2023 sli 3/4

C.V.KARTHIKEYAN, J.

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