Rekha v. State Rep. By

C.V.KARTHIKEYAN , J.

The Petitioner/A4 in Crime No.122 of 2019 registered by the Respondent Police for the offences under Sections 420, 465, 468, 471 and 120B of IPC, seeks anticipatory bail.

2. The learned Government Advocate (Criminal Side) stated that the Petitioner has been arrayed as Accused A4 in this case. The Accused A2 is the Business Manager of SRIRAM CITY UNION FINANCE (LTD). It is stated that the Accused A1 and this Petitioner had obtained a loan on the basis of invoices produced that they were interested in buying a car but actually did not purchase a car though they had received the loan and thereby, had caused loss to the defacto complainant.

3. But very surprisingly, the Accused A2 as Business Manager of the defacto complainant themselves, had not been either taken into custody. The Accused A3 is set to be the broker who had arranged all these documents.

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4. The learned counsel for the Petitioner stated that the Petitioner is also a victim at the hands of the Accused particularly the Accused A3, who had created the documents and the Accused A2 who had sanctioned the loan and had not received any amount as loan.

5. Taking into consideration of the fact that the complaint had been lodged in the year 2019 and none of the Accused had been secured and the bonafide of the Petitioner itself can be the evidenced by the fact that she had come before this Court seeking anticipatory bail, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions. Accordingly, the Petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the IX Metropolitan Magistrate Court, Saidapet, Chennai, 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that :

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[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 once in a week i.e., on every Saturday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for the interrogation.

[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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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C.V.KARTHIKEYAN , J.

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