Mrs Vijayavathi v. State Rep By
A.D.JAGADISH CHANDIRA , J.
Apprehending arrest in connection with Crime No.22 of 2024 registered for the offences punishable under Section 120(B), 420 and 506(i) of IPC, the present petition has been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. He further submit that, case of money transaction has been falsely projected as case of cheating and further submit that, petitioners are wife and mother of A1 and they have been unnecessarily roped in this case. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this Court.
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 the 1st accused along with his family members A2/wife and A3/mother had induced the defacto complainant and on Page No.1 of 5
assurance of giving good returns, had collected a sum of Rs. 44 lakhs for running petrol bunk and petrol farm and again by showing property documents, had received a sum of Rs. 14 lakhs from the defacto complainant and thereby they have cheated the defacto complainant and when the defacto complainant had asked for return of money, all the accused had intimidated the defacto complainant.
4. The learned counsel appearing fro the defacto complainant/intervenor submitted that, petitioners along with A1, had induced the defacto complainant and on assurance of giving good returns had collected a sum of Rs.58 lakhs from him and thereby cheated him.
5. In reply, the learned counsel for the petitioner submitted that, A1 had already deposited his original title deeds of two properties with the defacto complainant and also given post dated cheques, based on which, defacto complainant has initiated civil proceedings against the petitioners.
6. Having heard the learned counsel for the petitioners and the learned Page No.2 of 5
Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, the petitioners 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.I, Virudhachalam on condition that the petitioners 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 petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioners shall report before the respondent Police on every Saturday at 10.30.a.m., for a period of two weeks and thereafter as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners shall not abscond either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the Page No.3 of 5
learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 BNS.
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A.D.JAGADISH CHANDIRA , J.
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