Rubiya Samikannu A-2 v. State Rep. By Its
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest in connection with Crime No.379 of 2024, registered for the offences punishable under Sections 406 & 420 of IPC, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the accused induced the defacto complainant for getting a job as a Teacher in Kendriya Vidayalaya School and received an amount to the tune of Rs.8,00,000/- and cheated the defacto complainant. Hence the case.
3. Learned Counsel for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case. He would submit that accused was running a travel company and the petitioner being an unmarried women was employed in the travel company owned by the accused and during such time, A-1 transacted an amount of Rs.3 lakhs through the Bank account of the petitioner and the amount was withdrawn and handed over to A-1. He would further submit that, the petitioner is a unmarried girl and she is ready to abide by any stringent conditions that may be imposed by this Court. Hence he prayed for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police while opposing for grant of anticipatory bail to the petitioner would submit that, the accused/A-1 had represented that the petitioner/A-2 is the wife of A-1. He would further submit that under the guise of obtaining job, the accused had received Rs.8 lakhs from the defacto complainant and cheated the defacto complainant.
5. Heard the learned Counsel for the Petitioner, the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.
6. Considering the above 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.
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 District Munsif cum Judicial Magistrate Court, Orathanadu, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 his 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 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 Section 269 of B.N.S. dsn 22.11.2024
A.D.JAGADISH CHANDIRA, J.
dsn 22.11.2024