A.Sanjai v. The State Represented By

C.V.KARTHIKEYAN , J.

The petitioners / A1, A4, A7 and A8, who apprehend arrest at the hands of the respondent police for the alleged offices under Sections 341, 363, 324and 506(2) of IPC in Crime No.496 of 2023 on the file of the respondent police, seek anticipatory bail.

2. It is stated that an Innova Car bearing Registration No.TN47 AK 0333 originally belongs to A1 and it had been given over to one Ramu on hire basis. It is also stated that the said Ramu had hypothecated the car to the defacto complainant for a sum of Rs.2,50,000/- wherein A1 sought return of the car, this fact came to be revealed and envisaged that the accused had kidnapped the said Ramu and detained him. It is stated that owing to this, FIR had been registered for the above mentioned provisions.

3. Taking an over all consideration of the entire facts of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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4. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date on which the order copy made ready before the learned Judicial Magistrate No.II, Tiruppur 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 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, every day at 10.30 a.m., until further orders;

[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;

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[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 abscond, a fresh FIR can be registered under Section 229A IPC; 10.10.2023 mjs C.V.KARTHIKEYAN , J.

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