The High Court at Madras granted anticipatory bail to the petitioner in a criminal conspiracy and cheating case, noting that co-accused had already been released on bail and there was no prior conviction against the petitioner.
Order monetarily securing reminder enforcement within 15 days via Judicial Magistrate Coimbatore.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 16.06.2021
CORAM :
THE HON'BLE Mr.JUSTICE M.DHANDAPANI
Crl.O.P.No.20867 of 2020
Ijas Faquie ... Petitioner
Vs.
The State Represented by the Inspector of Police, Central Crime Branch Police Station, Coimbatore City. ...Respondent
PRAYER: Criminal Original Petition is filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in the event of his arrest in Crime No.51 of 2020 on the file of the respondent.
For Petitioner : M/s.Chennai Law Associates For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side)
ORDER (The case has been heard through video conference)
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 120B, 406 and 420 of IPC. in Crime No.51 of 2020, on the file of the respondent police, seeks anticipatory bail.
3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submit that co-accused have already been enlarged on bail by the lower Court. Hence, he prays for grant of anticipatory bail to the petitioner.
5.Considering the facts and circumstances of the case and the coaccused have already been enlarged on bail by the lower Court and there is no previous case, this Court is inclined to grant anticipatory bail to the petitioner.
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 of receipt of a copy of this order, before the learned Judicial Magistrate No.VII, Coimbatore, 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 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 Court concerned 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 daily at 10.30 a.m. until further orders.
© 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/-
16/06/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE JUDICIAL MAGISTRATE NO.VII COIMBATORE.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH POLICE STATION, COIMBATORE CITY.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.CHENNAI LAW ASSOCIATES Advocate on payment of necessary charges CRL OP.20867/2020 Date :16/06/2021 MN-06/07/2021
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who apprehends arrest for alleged cheating and criminal conspiracy offences.
Whether the fact that co-accused have already been enlarged on bail influences the grant of anticipatory bail to the petitioner.
Colour shows how this judgement treated each authority
P.K. Shaji Vs. State of KeralaReferred¶23
P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] · Who else cites this
3 provisions across 2 enactments
Ijas Faquie
The State Represented by the Inspector of Police, Central Crime Branch Police Station, Coimbatore City
M.DHANDAPANI
Mr.JUSTICE MDHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
