P V Raghul Balaje v. The State Rep By Its,

CRL OP NO. 28091 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-02-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CRL OP NO. 28091 of 2024 P V Raghul Balaje S/o.P.vijayakumar, No.1/558, Sri Sri Garden, Udumalai Road, Vadugapalayam Pudur, Palladam - 641 664No.1/558, Sri Sri Garden, Udumalai Road, Vadugapalayam Pudur, Palladam Petitioner(s) Vs The State Rep By Its, No.1/558, Sri Sri Garden, Udumalai Road, Vadugapalayam Pudur, PalladamThe Inspector Of Police, District Crime Branch, Tiruppur District Cr.No.4 Of 2023.

Respondent(s) CRL OP NO. 28091 of 2024 For Petitioner(s):

Thirumalai B For Respondent(s):

V.Meganathan, Government Advocate (crl. Side)public Prosecutor

ORDER

The petitioner who apprehends arrest for the alleged offence under Sections 120B, 406, 420 and 506(i) IP cin Cr.No.268 of 2024 on the file of the respondent police, seeks

anticipatory bail.

2.The case of the prosecution is that the petitioner assured the defacto complainant that if the defacto complainant gives Rs.10 lakhs and original documents, they would arrange a loan of Rs.2 crores. On believing their words, the defacto complainant handed over the documents and a sum of Rs.10,75,000/- to the petitioners. Thereafter, the accused person neither returned the money nor arranged the loan. When the defacto complainant demanded the petitioner to repay the money and documents, he was threatened by the accused persons. Hence, the case. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. Further, the petitioner has not received any amount as alleged by the prosecution. Now, the petitioner is ready to abide any conditions as imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. side) submits that the

petitioner is having three cases in like nature along with other accused persons.

5. Considering the facts and circumstances of the case, the co-accused has been released on bail and the investigation is almost completed. Hence, this Court is inclined to grant anticipatory bail to the petitioner with the following conditions.

6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court -2, Tiruppur District, 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 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; (b)the petitioner shall report before the respondent police on alternative days at 10.30 a.m. for a period of three months. Further, the petitioner shall deposit a sum of Rs.3,00,000/- to the credit of the crime No.3 of 2023 within a period of two weeks from the date of receipt of a copy of this order and on such deposit, the defacto complainant is permitted to with draw the same by filing proper affidavit. (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 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; (f)if the accused thereafter absconds, a fresh FIR can be registered

under Section 229-A IPC.

06-02-2025 pbl CRL OP NO. 28091 of 2024 To

1. The State Rep By Its, No.1/558, Sri Sri Garden, Udumalai Road, Vadugapalayam Pudur, PalladamThe Inspector Of Police, District Crime Branch, Tiruppur District Cr.No.4 Of 2023.