Minexi Joshi v. The State Rep By
Crl.O.P.No. 27124 of 2024 A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 420 of IPC read with Section 66D of Information Technology (Amendment) Act, 2008 in Crime No.125 of 2023, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant / Sathyapriya is that the petitioner along with other accused persons joined together with the assurance of giving an online job and cheated the defacto complainant to the tune of Rs.43 lakhs. Hence, the complaint.
3. Mr.Sudhakar Kannusamy, learned counsel appearing for the petitioner submitted that the petitioner is a lady and she is an innocent person and she has not committed any offence as alleged by the prosecution. He would further submit that the petitioner had some financial transaction with some other person and they had sent money to the account of the petitioner and other than that, the petitioner has no
nexus with the defacto complainant. He further submitted that the money transferred to the account of the petitioner was lying in her account. Meanwhile, based on the complaint, the amount of the petitioner was frozen, and the amount credited to her account was remitted back to the account of the defacto complainant. He would further submit that the petitioner is ready to co-operate with the investigation and she has also responded to the calls made by the respondent police. Therefore, he prays for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor (Crl. Side) while opposing for grant of anticipatory bail to the petitioner would submit that during investigation, it was found that the amount of Rs.3,80,000/- has been transferred to the account of the petitioner which has been later reverted to the account of the defacto complainant.
5. Heard the learned counsel and perused the entire materials available on record.
6.Taking into consideration the facts and circumstances of the case and and the fact that the investigation is almost over, this Court is inclined to grant 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 her appearance, within a period of twenty days from the date on which the order copy made ready, before the learned Judicial Magistrate - IV, Coimbatore, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 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 station everyday at 10.30 a.m, for a period of two weeks and thereafter shall appear before the respondent police as and when required until further orders. [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 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 269 BNS.
08.11.2024 kkn
A.D.JAGADISH CHANDIRA, J.
KKN Crl.O.P.No. 27124 of 2024 08.11.2024