Vinoth Kumar v. State Rep.By

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest in connection with Crime No.180 of 2024, for the alleged offence punishable under Section 387 of IPC, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is studying B.Sc., (IT) at N.G.P. College and the petitioner/A2 is also studying B.Sc.,(Microbiology) in the same college. On 22.03.2024 at about 3.00p.m., when the defacto complainant was having food in the Hotel viz., R.S., Food situated behind the college along with his friends after the Cultural Programme, the accused persons came there and A1 threatened the petitioner by showing knife and snatched his 2 1⁄2 sovereigns of Gold Chain and 1⁄2 sovereigns of Gold Ring from him and thereby, the defacto complainant had lodged a complaint against them. Based on which, a case in crime No.180 of 2024 came to be registered. Hence the case.

3. Learned Counsel for the petitioner would submit that the

petitioner is a student studying B.Sc.,(Microbiology) at N.G.P. College of Arts and Science, Coimbatore, and that there was a quarrel with the defacto complainant after the cultural programme and he is an innocent person and arrayed as A2 and that a false case has been foisted against him. He would further submit that the petitioner is hailing from respectable family and the parents had discontinued his studies and taken him to Mayiladuthurai and pray for grant of anticipatory bail to him.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, would submit that the petitioner along with his friends had assaulted the defacto complainant and his friends and snatched chain from them. The petitioner had involved three previous cases under NDPS Act and arrested and released on bail.

5. Heard the learned Counsel for the Petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6.Considering the above facts and circumstances of the case and also the submissions made by the learned counsel on either side, 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties (out of which, one shall be either the father or mother of the petitioner), 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 and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the Inspector of Police, Peelamedu Police Station,

Coimbatore City, Coimbatore, everyday at 10.30a.m., for a period of one week and thereafter, he shall appear before the Mayiladuthurai Police Station every Saturday at 10.30a.m., until further orders;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner shall not abscond either during investigation or trial;

[e] 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];

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

07.11.2024 raa A.D.JAGADISH CHANDIRA, J.

raa 07.11.2024