Raja v. The State Rep By

Crl.O.P.No.27182 of 2024 P.DHANABAL,J.

The petitioner/A5, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 420 and 506(i) of IPC in Crime No.21 of 2022 seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the other accused obtained money from the defacto complainant and others by promising to get government job and the petitioner had stood as a guarantor for the money which was paid by the defacto complainant. Thereafter, they failed to arrange the Government job and the when the defacto complainant asked to return the money, they abused. Hence, the case.

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 states that there is no previous case against him and 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 the petitioner and the other accused obtained money from the defacto complainant and others by promising to get government job and the petitioner had stood as a guarantor for the money which was paid by the defacto complainant. Thereafter, they have tried to arrange the Government job and the when the defacto complainant asked to return the money, they abused. He further submits that no previous case is pending against the petitioner. Hence, he vehemently, opposed to grant 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, there is a money dispute between the parties in respect of securing job and even as per prosecuton, and the petitioner stood as a guarantor for the money paid by the defacto complainant, no previous case against him and main allegations are only as

the prime accused and no money was given to this petitioner 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-III, Cuddalore 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 on every Saturday 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.

29.10.2024 Vv P.DHANABAL, J.

Vv Crl.O.P.No.27182 of 2024 29.10.2024