Johnkennady v. The State Rep By

P.DHANABAL, J.

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 02.09.2024, seeking bail in Crime No.403 of 2024, registered for the offence punishable under Sections 126, 127, 138, 310(2), 351(3), 319, 318 r/w 309 of BNS Act, 2023.

2. The case of the prosecution as per the de-facto complainant, is that on 03.08.2024, at about 3.00 p.m, the petitioner along with other accused, abducted the defacto complainant in their car, attacked him with knife, causing injuries to him, and also extorted money and 20 grams of gold chain from him under the pretext of buying gold. Subsequently, the accused persons made him nude, took a video on a cell phone, and also threatened with dire consequences. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this

case. He has not committed any offence as alleged in the FIR. He further submitted that the petitioner is in judicial custody from 02.09.2024. Hence, he prayed for bail stating that, the petitioner is ready to abide by any stringent conditions that may be imposed by this Court.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police raised an objection stating that on the date of the alleged occurrence, the petitioner along with other accused, abducted the defacto complainant, attacked him with a knife, extorted money and 20 grams of gold chain from him under the pretext of buying gold. Subsequently, the accused persons made him nude, took a video on a cell phone, and also threatened with dire consequences. He further submits that this petitioner looted Rs.6,00,000/- from the defacto complainant and the same was not recovered from him. He further submits that the investigation in this case is still pending. However, he opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and also perused the materials available on record.

6. Considering the submissions made by the learned counsel on either side, grave nature of offence and also considering the fact that the investigation is at initial stage, at this stage, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 18.10.2024 drl P.DHANABAL, J.

drl 18.10.2024