Adambasha v. The Inspector Of Police (Crimes)

C.V.KARTHIKEYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 403, 406, 420 and 120B IPC in Crime No.183 of 2023, seek anticipatory bail. 2.It is stated that the petitioners/accused and the de facto complainant were running two separate shops but it is also the case of the de facto complainant that the petitioners herein had induced him to supply goods to a sum of Rs.16,81,586/- (Rupees Sixteen Lakhs Eighty One Thousand Five Hundred and Eighty Six Only) and also investment of a sum of Rs.27,57,240/- (Rupees Twenty Seven Lakhs Fifty Seven Thousand Two Hundred and Forty Only) by way of goods and cash. 3.However, the learned counsel for the petitioners states that there are two separate business ventures and during the course of business, there has been a running account which has been maintained and the goods had been supplied and cash had been received and again goods had been supplied and again cash had been received. In view of 1/4

all these facts, anticipatory bail is granted to the petitioners 4.Taking into consideration the fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners herein with certain conditions.

5 Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the XIV Metropolitan Magistrate, Egmore, Chennai - 8, on condition that each of the petitioner shall execute a separate 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.

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[b] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders. [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.

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C.V.KARTHIKEYAN , J.

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