Guna @ Gunasekaran v. The State Rep By Its,
G.K.ILANTHIRAIYAN, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 420 of IPC in Crime No. 6 of 2022, seek anticipatory bail.
2. The case of the prosecution is that the petitioners herein, upon false promise to secure a Assistant Public Relationship Officer job for the defacto complainant's son, received a sum of Rs.22,00,000/-. The petitioners failed to arrange the job and also had not returned the amount to the defacto complainant. Earlier, the defacto complainant had lodged a complaint and enquiry was conducted by the respondent police, wherein the petitioners herein appeared and sought time for repayment and subsequently issued a cheque for a sum of Rs.20,00,000/-, which was returned as unpaid when presented for realisation. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners was no way connected to the present case.
Hence, he prays for grant of anticipatory bail to the petitioners
4. The learned Additional Public Prosecutor would submit that accused 2 and 3 are not arrayed as accused in the crime number and only notice under Section 47 (A) of Cr.P.C is served on the petitioners. Hence, he vehemently opposed to grant of anticipatory bail to the petitioners.
5. Considering the above fact and circumstances of the case and also considering submission made by the learned counsel appearing for the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are 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-II, Vellore District, on condition that the petitioners 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 petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.
19.12.2022
G.K.ILANTHIRAIYAN, J.
bsm 19.12.2022