Chandrasekar v. State Rep. By
A.D.JAGADISH CHANDIRA , J.
Apprehending arrest in connection with Crime No.35 of 2024 registered for the offences punishable under Sections 204, 408, 420 & 120B of IPC, the present petition has been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioner/A2, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that the petitioner is innocent and he has been unnecessarily roped in this case. The fact remains that the petitioner/A2 has entered into an agreement for sale with A1 and later, on coming to know that A1 is involved in a criminal case, he has cancelled the agreement. He also submits that there is no allegation as against the petitioner that he has induced or misappropriated the money received from the defacto complainant. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
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3.The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that A1 who was employed under the defacto complainant, had received huge amount from several customers, purchased various properties and later, A1 has agreed to transfer the properties in favour of the defacto complainant but he entered into an agreement with the petitioner/A2. He further submits that A1 has been arrested and remanded to judicial custody.
4.Learned counsel for the defacto complainant/Intervenor would submit that A1 had purchased several properties using the money misappropriated from the defacto complainant and later, A1 has agreed to transfer the properties in favour of the defacto complainant whereas he has entered into an agreement for sale with the petitioner/A2 herein. Hence, he objected for grant of anticipatory bail.
5.Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail Page No.2 of 5
to the petitioner with certain conditions and accordingly, he 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.VII, Coimbatore 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 said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent Police at 10.30 a.m for a period of two weeks and thereafter on every Saturday 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 Page No.3 of 5
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 BNS.
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A.D.JAGADISH CHANDIRA , J.
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