Sugumar v. Inspector Of Police

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 of IPC in Crime No.488 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the de-facto complainant has given a sum of Rs.2,60,000/- to the petitioner to invest in SENDUR FIN CORP. However, the petitioner has neither invested in SENDUR FIN CORP nor returned the money to the de-facto complainant, thereby the petitioner cheated him. Hence, the case.

3.The learned counsel for the petitioner would submit that after receiving a sum of Rs.2,60,000/- from the de-facto complainant, the petitioner has invested a sum of Rs.1,68,000/- in the FUTUR WORLD. To that effect, he has produced the bank statement. He also submitted that he is one of the victim. Further, the learned counsel, on instructions, would further submit that the petitioner, without prejudice to his rights, is ready to deposit the amount of Rs.25,000/- (Rupees Twenty Five thousand Only)

to the credit of the crime number. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would submit that the petitioner has totally received a sum of Rs.2,60,000/- from the de-facto complainant. However, he has neither invested nor returned the amount to the de-facto complainant. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.Taking into consideration the facts and circumstances of the case and also considering the fact that the petitioner is one of the victim, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.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-1, Poonamallee, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the credit of the crime number within a period of two weeks from the date on which the order copy made ready, before the learned Judicial Magistrate-1, Poonamallee, Chennai and on such deposit, the defacto complainant is permitted to withdraw the said deposit amount on proper identification and acknowledgment; [b] 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; [c] the petitioner shall report before the respondent Police on every Tuesday at 10.30 a.m. for a period of eight weeks;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

T.V.THAMILSELVI,J.

sp [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.

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