The Court granted anticipatory bail to the petitioner charged with offences under Sections 406 and 420 IPC arising from a lease dispute, subject to specific reporting and bond conditions.
The petitioner was ordered to be released on bail by executing a bond with two sureties and complying with specified reporting and conduct conditions.
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Crl.O.P.No.19236 of 2023
Crl.O.P.No.19236 of 2023
C.V.KARTHIKEYAN , J.
The petitioner seeks anticipatory bail in Crime No.422 of 2023 registered by the respondent Police for the offences punishable under Sections 406 and 420 of IPC.
3.Taking all those factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.I, Tambaram, on condition that the petitioner shall execute a separate 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
Crl.O.P.No.19236 of 2023
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 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., for a period of two weeks and thereafter, as and when required for the interrogation.
[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 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].
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Crl.O.P.No.19236 of 2023
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
14.12.2023
rjr
Crl.O.P.No.19236 of 2023
C.V.KARTHIKEYAN, J.
rjr
Crl.O.P.No.19236 of 2023
14.12.2023
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in a case involving cheating and criminal breach of trust.
What conditions should be imposed on the petitioner while granting anticipatory bail.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶14
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
3 provisions across 2 enactments
C.V. Karthikeyan
State of Tamil Nadu
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
