N.M. Presanna v. The Inspector Of Police,

Crl.O.P.No.26870 of 2023 C.V.KARTHIKEYAN,J.

The petitioner/A1 seeks anticipatory bail in Crime No.858 of 2023 registered by the respondent police for the offences punishable under Sections 406 and 420 of IPC.

2. It is stated that the wife of the present petitioner and the defacto complainant are friends. It is further that the petitioner herein told the defacto complainant to invest the amounts promising higher returns. Accordingly,it is stated that the defacto complainant had invested a sum of Rs.13,00,000/-. It is also stated that a sum of Rs.4,20,000/- had been repaid. It is further stated that the defacto complainant originally lodged a complaint before the Ambattur Police Station, wherein a CSR was registered. Thereafter, she had lodged a complaint before the Commissioner of Police who had directed the same to the respondent herein who registered an FIR.

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3. Taking all the factors into consideration, particularly the fact that the petitioner had also repaid a part of the money which shows bonafide, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

4. 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-II, Alandur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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 2/4

day at 10.30 a.m for a period of two weeks and thereafter as and when required for investigation.

[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.

22.01.2024 Vv C.V.KARTHIKEYAN,J.

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Vv Crl.O.P.No.26870 of 2023 22.01.2024 4/4