B.Praveen Kumar v. The State By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15071 of 2022 B.Praveen
...Petitioner
Vs.
The State by,
...Respondent
The Inspector of Police, L & O E-5, Sholavaram Police Station, Ponneri - 67.
PRAYER:-Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the about petitioner/accused-3 on bail, in connection with Cr.No.451/2022, on the file of the respondent police. For Petitioner : M/s.D.Rajesh For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
The petitioner/A3, who was arrested and remanded to judicial custody on 09.06.2022 for the offences punishable under Sections 147, 148, 342, 294(b), 364(A), 385 & 506(ii) of IPC in Crime No.451 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner herein along with other accused persons are alleged to have abducted the defacto complainant's husband and another person, thereby demanding ransom of Rs.10,00,000/-. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and the two phone numbers mentioned in the First Information Report does not belongs to the petitioner. He further submitted that in the First Information Report the de-facto complainant did not mentioned about the petitioner. Hence, he prays for grant of bail to the petitioner.
3. There are totally six accused persons and the petitioner herein is arrayed as A3. According to the case of the prosecution, all the accused persons kidnapped the de-facto complainant's husband along with another person and demanded ransom for a sum of Rs.10,00,000/-. Thereafter, the victim has been left out.
4. Considering the above facts and circumstances of the case, this Court is inclined to grant bail to the petitioner.
5. Accordingly, petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related sureties, each for a like sum to the satisfaction of the learned J.M-II, Court at Ponneri and on further conditions that :- [a] 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 stay at Perundhurai and report before the Inspector of Police, Perundhurai Police Station daily at 10.30 a.m. and 5.30 p.m., for a period of two weeks and thereafter report before the respondent police daily at 10.30 a.m. and 5.30 p.m. for a period of four weeks and thereafter before the respondent police as and when required for interrogation.
[c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness 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.
-sd/- 30/06/2022 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.
TO 1 THE JUDICIAL MAGISTRATE, NO.II, PONNERI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, (LAW AND ORDER), E-5 SHOLAVARAM POLICE STATION, PONNERI-67.
5 THE OFFICER INCHARGE SUB JAIL, PONNERI.
6 THE INSPECTOR OF POLICE PERUNDHURAI POLICE STATION, PERUNDHURAI.
+1 CC to M/S.D.RAJESH Advocate on payment of necessary charges SR.NO.10364 CRL OP.15071/2022 Date :30/06/2022 TA-30/06/2022