A.Devadoss v. The State Rep By

G.K.ILANTHIRAIYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), and 506(i) of IPC and altered 147, 294(b), 363, 384 and 506(1) of IPC in Crime No.882 of 2019, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioners kidnapped the victim and obtained his signatures in blank papers under threat. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prays for grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that there are totally five accused, in which, the petitioners are arrayed as A3, A4 and A5. He would further submit that the petitioners kidnapped the victim and obtained his signature in blank papers under threat. Initially, the case was registered under Section 294(b) and 506(i) of IPC and later

altered into Sections 147, 294(b), 363, 364 and 506(i) of IPC. Investigation is pending. This Court has given a direction to complete the investigation and file final report within 2 months. Thereafter, notice has been issued and the petitioners has filed this petition. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case, 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 is made ready, before the learned X Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 a.m. for a period of four weeks, thereafter, as and when required for interrogation.

[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 petitioners 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

19.07.2022 Lpp G.K.ILANTHIRAIYAN, J.

Lpp 19.07.2022