Aruna v. Inspector Of Police

Crl.O.P.No.24648 of 2023 Crl.O.P.No.24648 of 2023 C.V.KARTHIKEYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 406 & 420 of IPC in Crime No.330 of 2023, seeks anticipatory bail.

2. It is stated that the defacto complainant is Head Master in Kayatharu Primary School and his wife was doing goat rearing and published on advertisement about goat rearing in Tamizh Vivasayam Youtube Channel. Thereafter, the goats were ordered for the function and it had been delivered but the amounts had not been given. In view of that particular fact, a complaint had been lodged.

3. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

4. 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 Judicial Magistrate No.I, Vellore, 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: 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.24648 of 2023 C.V.KARTHIKEYAN , J.

vsg [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 10.30 a.m., until further order.

[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.

31.10.2023 vsg Crl.O.P.No.24648 of 2023 1/2 https://www.mhc.tn.gov.in/judis