Dinesh Kumar v. State Rep By

C.V.KARTHIKEYAN, J.

The petitioner apprehends arrest at the hands of the respondent police for the offence punishable under Section 420 IPC in Crime No. 141 of 2021, seeks anticipatory bail.

2. It is stated that the petitioner is working as Regional Manager, L&T Finance Company at Kannankuruchi. It is stated that the said company provides loan for vehicle purchase, house loan and women self help group loan. It is stated that the petitioner is alleged to have distributed loan of Rs.2,01,447/- to unknown persons.

3. The learned counsel for the petitioner stated that to express bona fide, the petitioner would deposit a sum of Rs.50,000/- to the credit in Cr.No. 141 of 2021.

4. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. 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 Judicial Magistrate No.IV, Salem, 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, 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 is directed to deposit a sum of Rs.50,000/- to the credit in Cr.No. 141 of 2021 before the learned Judicial Magistrate No.IV, Salem and on such deposit, the learned Judicial Magistrate may transfer the amount to interest bearing fixed deposit and pass final orders on conclusion of trial.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required.

[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.

[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 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

22.11.2023 vsg

C.V.KARTHIKEYAN , J.

vsg 22.11.2023