Jayakumar v. State Represented By
A.D.JAGADISH CHANDIRA, J.
Apprehending arrest in connection with Crime No.587 of 2024, registered for the offences punishable under Sections 406 and 420 of IPC, the present petition has been filed seeking anticipatory bail. 2.The case of the prosecution is that the petitioner/A1 had induced the defacto complainant on the premise of getting job as a TTR in Railway and received a sum of Rs.10,00,000/-. 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 it is true that the petitioner has received a sum of Rs.10,00,000/- and repaid a sum of Rs.1,00,000/- to the defacto complainant through net banking and repaid a sum of Rs.4,00,000/- in cash. While the petitioner trying to repay the remaining sum of Rs.
5,00,000/- the defacto complainant refused to receive the amount and also demanded further sum of Rs.4,00,000/-. He is now ready and willing to deposit the said Rs.5,00,000/- to the credit of crime number. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court.
he prayed for grant of anticipatory bail to the petitioner. 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/A1 had induced the defacto complainant on the premise of getting job as TTR in Railway and received a sum of Rs.10,00,000/- and the petitioner has repaid a sum of Rs.1,00,000/- to the defacto complainant and the balance amount of Rs.5,00,000/- is yet to be paid.
5.Having heard the learned counsel for the petitioner, 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 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.II, Tambaram, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two
sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intend 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 deposit a sum of Rs.5,00,000/- (Rupees Five Lakh Only) to the credit of Crime No.587 of 2024, within a period of four weeks; [c] the petitioner shall report before the respondent police on every day at 10.30 a.m., for a period of two weeks and thereafter on every Saturday at 10.30 a.m., until further orders;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial;
[f] 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]; [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
7.List the matter "for reporting compliance" on 22.01.2025. 10.12.2024 ah
A.D.JAGADISH CHANDIRA, J.
ah 10.12.2024