Abdul Kadar v. The Station House Officer
Dr.G.JAYACHANDRAN, J.
The petitioner, who apprehends arrest for the alleged offences under Sections 34, 323, 354-D, 448 & 506(i) of IPC in F.I.R. No.44 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The petitioner herein arrayed as second accused in Crime No.44 of 2022, in which the defacto complainant claims herself as a detective and admits that she was shadowing the petitioner herein on the instructions of one Sherin and thereafter the petitioner came to know about her address and sent hooligans to attack her. In between, she also admits that she has developed intimacy with the petitioner herein and to protect his name and reputation, the petitioner herein offered 10 to 12 lakhs to the defacto complainant.
3. Per Contra, the learned counsel for the petitioner would submit that the petitioner herein who had fallen into the honey trap of the defacto complainant and she with an intention to extract money started threatening the petitioner. Therefore to buy peace, the petitioner gave Rs.3,00,000/- to the defacto complainant and got a receipt of that. Not being satisfied with 1/4
the same, with an intention to extract more money, the present petition has been filed. He further states that complaint lodged by the defacto complainant before the second respondent is same and it is under investigation.
4. The learned Public Prosecutor representing Pondicherry Government admits that counter complaint has been given by the petitioner herein and it is under investigation.
5. Considering the facts narrated above, this Court is of the view that custodial interrogation of the petitioner is not required. Hence, anticipatory bail is granted 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 seven days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate-II, Karaikal, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/-only (Rupees Fifty 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 2/4
learned Magistrate concerned and on further condition that: (a)the petitioner and the sureties shall affix his 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 not tamper with evidence or witness either during investigation or trial; (c)the petitioner shall report before the Investigating Officer as and when required and shall co-operate for investigation.
(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 has 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.
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Dr.G.JAYACHANDRAN, J.
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