Mani @ Ravi v. The State Rep By

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence under Sections 406 and 420 of IPC in crime No. 1 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons extracted money from the defacto complainant by giving false promise that they would buy the college of the defacto complainant and approached him by paper advertisement and cheated him by collecting a sum of Rs. 11,50,000/- cash. Hence the complaint.

3. Heard both sides.

4. It is seen from the records that this Court has granted anticipatory bail to the co-accused in related to this crime number in Crl.O.P No. 18129 of 2022 dated 10.08.2022.

5. Considering the above, 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 Judicial Magistrate, Ooty, 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, 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 every Monday and Tuesday at 10.30 a.m., for a period of three months and thereafter as when and 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 absconds, a fresh FIR can be registered under Section 229A IPC.

10.01.2023 pbl

T.V.THAMILSELVI, J.

pbl 10.01.2023