Vijayalakshmi v. The State Rep By
A.D.JAGADISH CHANDIRA, J.
Apprehending arrest in connection with Crime No.8 of 2024 registered for the offences punishable under Sections 120(B), 420 and Section 506(1) of IPC, the present petition has been filed seeking anticipatory bail.
2. The case of the prosecution is that, A-1 is a Doctor, who was a Physiotherapist by profession and the defacto complainant took treatment from him for the past 12 years. Later, they developed a friendship, and in order to help the defacto complainant, the petitioner had promised to secure a Government job to the defacto complainant's son, on believing his words, the defacto complainant sent amounts to the tune of Rs.8,50,000/- to the other accused. Thereafter, the accused neither secured any job nor returned the money. When it was questioned by the defacto complainant, the accused threatened him with dire consequences. 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. He would submit that a case of money dispute has been projected as a case of job racketing. He would submit that the petitioner did not received any money from
the other accused for getting the Job and she is running a Pharmacy. He would further submit that the petitioner is ready to abide by any stringent condition that 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, would submit that, on false promise of getting Government Job to the defacto complainant's son, the petitioner along with other accused received a sum of Rs.8,50,000/- and cheated the defacto complainant.
5. Having heard the learned counsel for the petitioner, 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 petitioner with certain conditions.
6. 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 Judicial Magistrate No.6, Salem, 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 daily at 10.30 a.m., for a period of two weeks and thereafter, on every 1st and 3rd 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 269 of B.N.S.
09.12.2024 dsn
A.D.JAGADISH CHANDIRA, J.
dsn 09.12.2024