P.Vigneshkumar v. The State Rep. By
A.D.JAGADISH CHANDIRA , J.
Apprehending arrest in connection with Crime No.12 of 2022 registered for the offence punishable under Section 420 of IPC, the present petition has been filed seeking anticipatory bail.
2. The case of the prosecution is that the petitioner's father induced the defacto complainant on the promise of getting job and cheated him. Hence, the case.
3.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that the petitioner is an innocent person. He further submits that A1 was a Government School Teacher and he had started some business, for which, he had borrowed loan from several persons, however, due to failure of business, he was unable to repay the amount and thereby the persons who have given the loan, had lodged a false complaint as if it was a case of job rocketing to recover the Page No.1 of 5
money by force. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and the case is of the year 2022.
4.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 petitioner is the son of A1 who had induced the defacto complainant and several others in the guise of getting railway jobs and cheated them to the tune of Rs.1.34 Crores. He would further submit that A1 was arrested and granted on bail on health ground and the cheated amounts have been transacted through the bank account of the petitioners.
5.Having heard the learned counsel for the petitioner and the learned 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 petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance Page No.2 of 5
within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Tiruvannamalai 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 said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent Police daily 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 Page No.3 of 5
[(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
04.12.2024 mn Page No.4 of 5
A.D.JAGADISH CHANDIRA , J.
mn 04.12.2024 Page No.5 of 5