Jeeva Alias Jeevanandham v. The State,
Crl.O.P.No.22757 of 2024 P.DHANABAL, J.
The petitioner apprehends arrest for the alleged offences under Section 147, 148, 341, 342, 363, 365, 506(ii) and 120(b) of IPC in Crime No.1186 of 2023, on the file of the respondent police seeks anticipatory bail.
2.
The case of the prosecution is that the defacto complainant running a Greenway Exports business at Gandhi Nagar, Tiruppur and there was money transaction between the defacto complainant and other accused. Therefore the accused threatened the defaco complainant and kidnapped him. Thereafter, he escaped from the clutches of the accused and with the help of his brother, lodged a complaint with the respondent police.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he is working at Kerala and hence due to his work nature he could not able to comply the conditions on the time limit mentioned in the order in Crl.O.P.No. 28701 of 2023 dated 1/5
22.12.2023. Hence he constrained to file this third Anticipatory Bail before this Court. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and he prays to grant anticipatory bail to the petitioner.
4.
The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that defacto complainant running a Greenway Exports business at Gandhi Nagar, Tiruppur and there was money transaction between the defacto complainant and other accused. Therefore, the accused threatened the defaco complainant and kidnapped him and he further submitted that there is one previous case pending against the petitioner and further, considering the gravity of offence, he opposed for grant of anticipatory bail to the petitioner. 5.
Considering the representations made by both sides and considering the nature of offences charged against the petitioner and considering that investigation is also completed and already co-accused was also released on bail and though one previous case is pending against the petitioner that is not similar kind of offence and also considering other 2/5
aspects, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.
Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen
(15) days from the date of receipt of a copy of this order before the Judicial Magistrate III, Tirupur 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 shall report before the respondent police on everyday at 10.00 a.m, until further orders; [b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts of the Court or to any police officer.
[c] the petitioner shall not leave India without the previous permission of the Court.
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[d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall make himself/herself available for interrogation by a police officer as and when required. [f] 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].
[g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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P.DHANABAL, J.
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