Mohanraj v. The State Rep By Its,

CRL.OP.No.28864 of 2024 A.D.JAGADISH CHANDIRA, J.

The petitioner who apprehends arrest at the hands of the respondent Police for the offence punishable under Section 420 of IPC in Crime No.630 of 2024 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution as per the defacto complainant is that the petitioner knows ADMK personalities and also informed that he has brought jobs for many people and on 16.04.2018, the defacto complainant gave a sum of Rs.3,00,000/- to the petitioner for getting Noon Meal Organizer post to Chithamani who is known to the defacto complainant. He received the said amount but cheated the defacto complainant and that he made a complaint before Valavanur Police Station. The petitioner had threatened the defacto complainant with dire consequences. The respondent Police had registered FIR in Crime No.630 of 2024 for the offence under Section 420 of IPC. Hence the case.

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3.Learned counsel appearing for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would submit that the petitioner has nothing to do with the commission of offence as alleged by the prosecution. Hence, he seeks anticipatory bail.

4.Learned Governed Advocate (Criminal Side) appearing for the respondent Police while opposing for grant of anticipatory bail submitted that the petitioner is the sole accused in this case. 5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record. 6.Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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7.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 No.II, Villupuram, 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 everyday 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 3/5

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 269 of B.N.S. 26.11.2024 pam 4/5

A.D.JAGADISH CHANDIRA, J.

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