Kumar @ John Basha v. The State
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13536 of 2021 KUMAR @ JOHN BASHA [ PETITIONER / ACCUSED ] Vs THE STATE [ RESPONDENT ] THE INSPECTOR OF POLICE, VADALORE POLICE STATION, CUDDALORE DISTRICT.
CR.NO.386/2013.
For Petitioner : M/S.KRISHNASAMY CHINNASAMY Advocate For Respondent : M/S.C.E.PRATAP, Govt. Advocate (Crl.Side) DATED 24/08/2021 M/S.S.BALAJI, Government Advocate (Crl. Side) DATED 28/01/2021 PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :-
ORDER
(The case has been heard through video conference) The petitioner, who apprehends arrest for the alleged offence under Sections 363 @ into Sections 363, 365, 366 and 376 r/w Sections 114 and 109 of IPC in (*)Crime No.386 of 2013 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that A1 and the petitioner/A2 along with their friends have kidnapped the defacto complainant's daughter/victim girl and they have taken her to Velankanni. There A1 has promised to marry the victim girl and had sexual intercourse with her. . Based on the complaint given by the mother of the victim girl, the law enforcing agency registered a case against the petitioner.
3.The learned counsel appearing for the petitioner submits that the petitioner is in no way connected with the offence as alleged by
the prosecution and that he has been falsely implicated in the case. He further submits that the petitioner is the friend of A1 and he has simply accompanied with A1. Hence, he prays for grant of anticipatory bail to the petitioner.
4.The learned Government Advocate appearing for the respondent submits that A1 and his friends had kidnapped the victim girl. He further submits that the statement of the victim u/s 161(3) Cr.P.C. was recorded.
5. Considered the submissions made on either side and also perused the materials available on records carefully, including the statement of the victim u/s 161(3) Cr.P.C.
6. On a perusal of the statements of the victim girl recorded under section 161(3) of Cr.P.C., it reveals that the petitioner's friend/A1 was in love affair with the victim girl. It further reveals that there is no serious allegations against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Kurinchipadi on condition that the petitioner shall execute a 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 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 Court concerned 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 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
7. However, the benefits of the order will not be applicable to A1.
-sd/- 24/08/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
(*) MODIFIED(AMENDED) AND ALL OTHER CONDITIONS REMAIN UNALTERED, AS PER ORDER OF THIS COURT DATED 28/01/2022 MADE IN CRL.MP.NO.754/2022 TO 1 THE JUDICIAL MAGISTRATE, KURINCHIPADI.
2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, VADALORE POLICE STATION, CUDDALORE DISTRICT.
CC to M/S.KRISHNASAMY CHINNASAMY Advocate on payment of necessary charges CRL OP.13536/2021 Date :24/08/2021 APN-08/09/2021 RVR 11/02/2022