Midhun Kumar v. The Inspector Of Police
A.D.JAGADISH CHANDIRA,J.
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC in Crime No.53 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that on 27.02.2023 at about 10 A.M., the petitioners along with other accused have abducted the defacto complainant in their car and taken him to Andhra Pradesh in their car and kept him in their custody for two days and they have abused the defacto complainant with filthy language and attacked and caused grievous injury to the defacto complainant. After two days, they have released the defacto complainant from their custody and thereby the victim was admitted in the hospital. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he is a driver and he has been falsely implicated in this case and he has not committed any such offence as alleged by the prosecution. He would also submit that the
injured has been discharged from the hospital. He further submit that he is ready to abide any condition that may be imposed by this Court. He further submit that the co-accused have been granted anticipatory bail in Crl.MP.No.1129 of 2023 dated 29.03.2023 before the learned Principal Sessions Judge, Krishnagiri, and hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) would submit that the petitioners along with other accused have abducted the defacto complainant in their car and taken him to Andhra Pradesh in their car and kept him in their custody for two days and they have abused the defacto complainant with filthy language and attacked and caused grievous injury to the defacto complainant. He further submit that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and learned Government Advocate (Crl. Side) and perused the materials available on record.
6. Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that the injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner are 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 learned Judicial Magistrate No.II, Hosur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties 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, 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 everyday 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
27.04.2023 drl
A.D.JAGADISH CHANDIRA,J.
drl 27.04.2023