Giri v. The State Rep By

Crl.O.P.No.32239 of 2022 A.A.NAKKIRAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420 r/w 34 of IPC in Crime No.16 of 2015, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the Manager of the first accused's financial institution. It is the further case that the first accused's financial institution had committed default to some of their depositors. Hence, the depositors had filed this complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in the case. He would further submit that the first accused is arrested and enlarged on bail. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that investigation is completed and charge sheet has not taken on file. Hence,

he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts that the co-accused is enlarged on bail and charge sheet is filed, 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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruthani, on condition that the petitioner 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 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 shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[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 abscond, a fresh FIR can be registered under Section 229A IPC.

28.12.2022 dhk/rli A.A.NAKKIRAN, J.

dhk/rli

Crl.O.P.No.32239 of 2022 28.12.2022