Petitioner, 6th accused, sought anticipatory bail in FIR concerning alleged cheating and forgery. Court found no specific overt acts and granted bail with conditions.
Petitioner ordered released on bail with bond of Rs.10,000 and sureties, conditions to report Saturdays, no tampering, no absconding, phone available.
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Crl.O.P.No.17304 of 2023
Crl.O.P.No.17304 of 2023
| Reserved On | 29.08.2023 |
|---|---|
| Pronounced On | 04.09.2023 |
RMT.TEEKAA RAMAN, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 406, 420, 465, 468, 471, 506(i), 120B of IPC in Crime No.153 of 2023 on the file of the respondent police, seeks anticipatory bail.
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Crl.O.P.No.17304 of 2023
appointment letter to them. Thereafter, the de-facto complainant introduced 10 other persons to the A1 and subsequently, through de-facto complainant, A1 received sum of Rs.1,00,00,000/- from
them for securing Jobs at Electricity Board but subsequently failed to arrange jobs and refused to return the money. The specific allegation against the petitioner is that he had aided A1 along with other accused.
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Crl.O.P.No.17304 of 2023
keeper in the Metropolitan Transport Corporation, who has no way connected with the offence. Drawn my attention to the averments in the FIR.
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Crl.O.P.No.17304 of 2023
now projected by the de-facto complainant is only an after thought.
as discussed supra, I am inclined to grant anticipatory bail to the petitioner with certain conditions.
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Crl.O.P.No.17304 of 2023
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 their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police every 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].
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Crl.O.P.No.17304 of 2023
RMT.TEEKAA RAMAN, J. mpl
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
04.09.2023
(1/2)
mpl
Crl.O.P.No.17304 of 2023
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2 issues framed by the court
Whether anticipatory bail can be granted to the petitioner accused of aiding in alleged cheating offenses under IPC Sections 406, 420, etc.
What conditions should be imposed when granting anticipatory bail in cases involving potential absconding and tampering with evidence.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶37
[(2005)AIR SCW 5560] · Who else cites this
2 provisions across 1 enactments
RMT.TEEKAA RAMAN
State of Tamil Nadu
RMT.TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
