Saravanan T v. State Rep. By

Crl.O.P.No.25351 of 2024 P.DHANABAL,J.

The petitioner/accused who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 406 and 420 of IPC in Crime No.204 of 2024 seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein had obtained Rs.12,00,000/- (Rs.2,00,000/- each) from the defacto complainant and his five friends by giving false promise to get job for them. The defacto complainant and his friends asked him either to get a government job or to return the money, but, the petitioner has refused to return the money and he has not provided job for them. 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. He further submits that the petitioner runs the said company which supplies manpower to the government on contract basis, whenever it makes a requisition. He also submits that he is ready to abide by any stringent conditions imposed by this Court. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that under the guise of false promise, by getting job, the petitioner herein, had obtained Rs.2,00,000/- each from the defacto complainant and from his five friends, but, he has neither returned the money nor provided job for them. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Considering the nature of offence, no previous case against the petitioner, and the money was given to the co-accused and also the fact that this petitioner is only the supplier of man power to the government agency and considering all other aspects, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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-VI, Coimbatore 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 learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

[d] 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].

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

30.10.2024 Vv

P.DHANABAL, J.

Vv Crl.O.P.No.25351 of 2024 30.10.2024