Ramachandiran v. The State Rep. By

A.D.JAGADISH CHANDIRA, J.

Apprehending arrest in connection with Crime No.11 of 2024, registered for the offences punishable under Sections 120(B), 420, 465, 468 and 471 of IPC, the present petition has been filed seeking anticipatory bail. 2.The case of the prosecution is that as per the defacto complainant, the accused had induced him with the false promise of getting a job in Railways and obtaining Rs.12,00,000/- (Rs.5 lakhs by way of cash and Rs.7 lakhs by way of bank transfer) from the defacto complainant. Hence, the case. 3.Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seek indulgence of this court. He would further submit that, as per the defacto complainant, Rs.5 lakhs is said to have been given to A1 and Rs.7 lakhs is said to have been sent through bank transaction to A2.

He would submit that petitioner has not received any amount directly. All the amounts have been sent to the account of one Utharavel. He would further submit that he is no way connected to this case and he is ready to abide by any stringent condition that may may be imposed by this Court.

4.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the petitioner introduced one Utharavel under the guise of securing job in Railway and received a sum of Rs.1 lakh from the defacto complainant. Apart from the defacto complainant, there are seven other victims, and the total amount cheated is Rs.82 lakhs. 5.In reply, the learned counsel for the petitioner would submit that the amounts are said to have been given directly to Utharavel by the victims, and the petitioner has no role in this case.

6.Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal 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 are 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 - II, Krishnagiri District, on condition that the petitioners 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 petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

[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 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.

10.12.2024 ah A.D.JAGADISH CHANDIRA, J.

ah

10.12.2024