R.Divya v. State Rep By Its

C.V.KARTHIKEYAN, J.

The petitioner/A-5, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 403, 406, 420 and 120(B) of IPC in Crime No.185 of 2023, seeks anticipatory bail.

2. The petitioner is also an accused in Cr.No. 262 of 2022 in both the First Information Reports. The allegations are the same, namely, all the accused persons had offered jobs to the victim and had collected money but had neither returned the money nor ensured jobs to be given.

3. The case of the petitioner herein is that she had taken classes on the guise that it is a training for the jobs which were offered.

4. The learned counsel for the petitioner states that the first accused had deposited a sum of Rs.2,45,000/- as per the condition for grant of anticipatory bail.

5. In view of that particular fact, even though the petitioner is an accused in the earlier cases also, 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 appearance, within a period of fifteen days from the date on which the order copy made ready, before the XVIII Metropolitan Magistrate at Saidapet, 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, 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 once in a week ie., on every Monday at 10.30 a.m., for a period of three weeks and thereafter as and when required.

[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 absconds, a fresh FIR can be registered under Section 229A IPC.

7. It is to be mentioned that after investigation in Cr.No. 262 of 2022, final report has been filed by the respondents arraying the petitioner as one of the accused.

30.10.2023 vsg

C.V.KARTHIKEYAN , J.

vsg 30.10.2023