Ashok Kumar v. State Rep By Its
CRL.O.P.No.31489 of 2022 T.V.THAMILSELVI, J.
The petitioner, who apprehends arrest for the alleged offences under Sections 408 and 420 of IPC in Cr.No. 397 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution as per the defacto complainant is that the petitioner is an employee in Pothys Shop and insisted the general public to invest money in a monthly savings scheme in Pothys and received a sum of 11,00,000/- but failed to deposit the money in the said scheme and cheated the investors. Hence, the case. 3.The learned counsel appearing for the petitioner submits that he has no way connected with the alleged occurrence and he has been falsely implicated in this case. However, the learned counsel, on instructions, further submits that the petitioner, without prejudice to his rights, is ready to deposit some amount to the credit of the crime number as imposed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.
4. The learned counsel for the intervenor would submit that the petitioner cheated the money of the general public to the tune of Rs.11,00,000/- Hence he opposed for grant of anticipatory bail to the petitioner.
5.The learned Government Advocate (Crl.Side) submits that the petitioner along with other two accused committed theft of the public money and thereby cheated the investors to the tune of Rs.11,00,000/- Hence, he opposed for granting anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case and that the petitioner on his own volition, is ready to deposit some amount to the credit of the crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is directed to deposit a sum of Rs.3,00,000/- ( Three Lakhs Only) to the credit of Crime No.397 of 2022, within a period of fifteen (15) days and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on
his appearance, before the learned XXII Metropolitan Magistrate, Egmore at Allikulam Complex, Chennai 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 and on further condition that:
(a)the petitioner is directed to deposit a sum of Rs.3,00,000/- ( Three Lakhs Only) to the credit of Crime No.397 of 2022 before the concerned Magistrate within a period of fifteen (15) days.
(b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c)the petitioner is directed to appear before the respondent police every Wednesday at 10.30 a.m for a period of four weeks and thereafter as and when required for interrogation;
(d)the petitioner shall not tamper with evidence or witness either during investigation or trial; (e)the petitioner shall not abscond either during investigation or trial;
T.V.THAMILSELVI, J.
smn (f)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 anticipatory 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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
22.12.2022 smn