M Sabari v. The State Rep. By

C.V.KARTHIKEYAN , J.

The petitioners seek anticipatory bail in Crime No.284 of 2023 registered by the respondent Police for the offences under Sections 403, 408, 420, 120B IPC.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal side).

3.It is stated that all the accused were working in a hotel. The defacto complainant, had lodged a complaint that all the accused persons had mis-appropriated by manipulating the bills given to the customers who came to the hotel and wrongly billed the amounts paid by the customers. 4.It is stated that the first accused had been arrested and granted bail on the same day by executing his own bond. Sofar as monetary transactions are concerned, the bills for Rs.20,000/- alone have been given, however, it is alleged that a total amount of Rs.40,00,000/- have been taken away by all the accused. It is stated that the investigation is still in process. 1/4

5.In view of the fact that, even the defacto complainant had not produced sufficient materials for substantiating his case, anticipatory bail is granted to the petitioners with certain.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the XIV Metropolitan Magistrate Court, Egmore, on condition that the petitioners shall execute a separate 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 petitioners 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 petitioners shall report before the respondent police everyday at 10.00 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness 2/4

either during investigation or trial;

[d] the petitioners 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 229A IPC;

11.12.2023 gd C.V.KARTHIKEYAN , J.

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gd 11.12.2023 4/4