Kumar @ John Basha v. The State

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 363, 365, 366 and 376 r/w Sections 114 and 109 IPC in Crime No.386 of 2013 on the file respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused kidnapped the defacto complainant's daughter/victim girl to Velankanni. There A1 has promised her to marry and had sexual intercourse with her. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that already this Court by an order dated 24.08.2021 in Crl.O.P.No.13536 of 2021, granted anticipatory bail to the petitioner. However, the petitioner has not comply with the condition and subsequently, this Court extended the time to surrender in Crl.M.P.No.7345 of 2022 dated 15.06.2022. But the order copy has been issued on 23.06.2022 therefore, this Court

directed the petitioner to pay a sum of Rs.2,500/- as cost to the Tamil Nadu Legal Services Authority, Chennai, on or before 24.06.2022. Due to some health issues, the petitioner has not complied with the condition. Now, the petitioner is ready and willing to comply with the condition imposed on them and further the petitioner is ready to deposit a cost of Rs.5,000/- to the credit of the Tamil Nadu Legal Services Authority and prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner along with other accused had kidnapped the victim girl. He further submitted that the statement of the victim u/s 161(3) Cr.P.C was recorded. Therefore, he vehemently opposed to grant anticipatory bail to the petitioner.

5. It is pertinent to note that this Court, already by an order dated 24.08.2021 granted anticipatory bail to the petitioner in Crl.O.P.No.13536 of 2021. However, the petitioner has not comply with the condition. The learned counsel for the petitioner submitted that now the petitioner is ready and willing to comply with the condition.

6. Considering the facts and circumstances of the case and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.5,000/- to the credit of the Tamil Nadu Legal Services Authority, this Court is inclined to grant anticipatory bail to the petitioner, with certain 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 (15) days from the date on which the order copy made ready, before the Judicial Magistrate Court, Kurinchipadi, on condition that the petitioner 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner shall deposit a cost of Rs.5,000/- (Rupees Five Thousand only) as non refundable deposit to the credit of the Tamil Nadu Legal Services Authority.

[b] 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 his Aadhar card or Bank pass Book to ensure his identity;

[c] 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.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] the petitioner shall not abscond either during investigation or trial.

[g] 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].

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

24.08.2022 ata

G.K.ILANTHIRAIYAN,J.

ata 24.08.2022