Vinoth Kumar v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN
1. Vinothkumar C/o.Thanarangam, No.32, D1, Vilangara Street, Ariyalur Taluk, Ariyalur Post, Ariyalur -621704.
2. Karthikeyan Ravi S/o. Ravi, No. 24/2, Oppilathamman Kovil Street, Ariyalur - 621704.
Petitioner(s) Vs State Rep. By The Inspector of Police, Meensurutty Police Station, Ariyalur.
Crime No.64 of 2025 Respondent(s) PRAYER To enlarge the Petitioners on anticipatory bail in the event of their arrest pending investigation in Crime No. 64 of 2025 on the file of the Respondent
Police and pass such further or other orders as this Honourable Court may deem fit to pass in the circumstances of the case. For Petitioner(s):
Mr. S. Santhosa Kumar For Respondent(s):
Mr. S. Balaji Government Advocate
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 140(3) of BNS Act, 2023 in Crime No. 64 of 2025, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that, the petitioners/ A1 & A4 along with A2 and A3 kidnapped the son of the defacto complainant; and that he was secured on the same day and thus, committed the aforesaid offence.
3. Learned counsel for the petitioner would submit that the allegations are false; that the defacto complainant's sister had cheated the first accused to the tune of Rs.25 lakhs; that to thwart any legal action against her, the instant
complaint has been registered; and that A2 and A3 were arrested and released on bail; and that in any case, custodial interrogation is not required and sought for anticipatory bail for the petitioners.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police who reiterated the prosecution case had confirmed the fact that the son of the defacto complainant was secured on the same day and A2 and A3 were arrested and released on bail.
5. Considering the nature of the allegations, the co-accused were arrested and released on bail and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners 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 II at Jeyankondam, Ariyalur District, on condition that the petitioners shall execute 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 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 petitioners 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 petitioners shall report before the respondent police daily at 10.30 am until further orders.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 269 of B.N.S.
25-04-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes To State Rep. by The Inspector of Police, Meensurutty Police Station, Ariyalur, Crime No.64 of 2025.
SUNDER MOHAN, J.
AT CRL OP No. 12842 of 25-04-2025