C.Chandira Sekar v. The State Rep. By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-05-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. C.Chandira Sekar S/o. Chandiran Boopathi, 1062/33, 2th New Street, Konamedu Khaderpet, Vaniyambadi - 635 751, Vellore District.

2. V.Veera Pandiyan S/o. Veeran Muthu, 1062/36, 2nd New Street, Konamedu Khaderpet, Vaniyambadi - 635 751, Vellore District.

3. J Elumalai S/o.Jaya, Kodiyur, Vijilapuram, Vaniyambadi - 635 752, Vellore District.

Petitioner(s) Vs

1. The State rep. by, The Inspector of Police, KRP DAM Police Station, Crime No. 303 of 2016, Krishnagiri District.

Respondent(s)

PRAYER To grant Anticipatory Bail to the petitioners in the event of their arrest or on their appearance before any court in connection with the case in Crime No. 303 of 2016 pending investigation on the file of the respondent police and thus render justice.

For Petitioner(s):

Mr. Adhishree Manokaran For Respondent(s):

Mr. V. Meganathan, Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent for the offence punishable under Section 364(A) of IPC in Crime No.303 of 2016, on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that, due to money dispute between the defacto complainant and A1, the petitioners/A2 to A4 along with A1, abducted the defacto complainant's son. Hence, the case.

3. Learned counsel appearing for the petitioners would submit that the petitioners are innocent person and they have been falsely implicated in this

case and that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court and prayed for anticipatory bail to the petitioners.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that A1 was arrested and released on bail.

5. Having heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, they 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 of receipt of a copy of this order, before the learned Judicial Magistrate II, Krishnagiri, on condition that the petitioners shall execute a 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 said Magistrate, on further condition that:

[a] if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

[c] the petitioners shall report before the respondent Police daily at 10.30 a.m;

[d] the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall make themselves available for interrogation by a Police office as and when required; [f] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] the petitioners shall not abscond either during

investigation or trial;

[h] 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];

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

16-05-2025 AT Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code."

To The Inspector of Police, KRP DAM Police Station, Krishnagiri District.

Crime No. 303 of 2016

M.NIRMAL KUMAR, J.

AT Crl.O.P.No.14884 of 2025 16-05-2025