Balakumar v. State Rep., By
A.D.JAGADISH CHANDIRA , J.
Apprehending arrest in connection with Crime No.4 of 2023 registered for the offences punishable under Sections 406 & 420 of IPC, the present petition has been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that the petitioner is innocent and the case in Crime No.4 of 2023 is registered only based on the complaint given by him. He further submits that based on the statements recorded from the other victims, the petitioner has been implicated as accused/A3. He also submits that the petitioner himself is a victim and that believing the words of the other accused, who are having office nearby the petitioner's flower shop, the petitioner has introduced other victims, other than that the petitioner is not aware of the criminal intention of the other accused. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Page No.1 of 5
3.The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the First Information Report has been registered based on the complaint by the petitioner and later, during the course of investigation, it came to light that the petitioner has received huge amount from 32 victims, handed over the same to the main accused and also received commission to that effect and hence, the petitioner is now arrayed as A3. He further submits that A1 and A2 were arrested and released on bail.
4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Mayiladuthurai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Page No.2 of 5
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 said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent Police everyday at 10.30 a.m 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 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 269 of BNS.
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26.11.2024 vv2 Page No.4 of 5
A.D.JAGADISH CHANDIRA , J.
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