S Parthiban v. The State Rep By Its,
A.D.JAGADISH CHANDIRA, J.
Apprehending arrest in connection with Crime No.09 of 2024 registered for the offences punishable under Sections 420 & 109 of IPC, the present petition has been filed seeking anticipatory bail.
2. The case of the prosecution is that, the accused by inducing, had obtained the bank details of the defacto complainant and using that, had borrowed loans from several banks to the tune of Rs.75,25,000/- without the knowledge of the defacto complainant, by fabrication and forgery and thereby failed to repay the amounts to the banks and cheated the defacto complainant. Hence the case.
3. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would submit that there is absolutely no money transaction to the account of the petitioner, since, the defacto complainant is known to the petitioner and the other accused. He would submit that the main accused A-2 has been arrested and granted bail. He would further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
4. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, would submit that the petitioner along with other accused colluded and abetted the defacto complainant, by obtaining his bank account details, received loans from various banks and failed for the repayment. He would submit that, based on confession statement given by A-2, the petitioner was arrayed as an accused/A-4 and that A-2 has been arrested and released on bail.
5. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal 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.
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 III Judicial Magistrate, Court, Salem, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 his Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent police daily 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 B.N.S.
27.11.2024 dsn
A.D.JAGADISH CHANDIRA, J.
dsn 27.11.2024