D.Karthik v. Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioner/A7, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 341, 342, 363 and 506(2) of I.P.C, in Crime No.1186 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The learned counsel for the petitioner stated that the petitioner is an innocent person and he has been falsely implicated for the offences under Sections 147, 148, 341, 342, 363 and 506(2) of I.P.C, in Crime No.1186 of 2023. Thus, he seeks anticipatory bail to the petitioner.

3. It is stated by the learned Government Advocate (Criminal Side) submitted that the 10th accused is running an Export business at Tiruppur. The de-facto complainant had purchased goods and was due to pay a sum of Rs.23,00,000/-. Since he did not return the money, the petitioner along with other accused had joined together and kidnapped the de-facto complainant. However, the de-facto complainant somehow escaped from that place. The co-accused had been taken into custody. Thus, he prayed for dismissal of this petition.

4. Heard both sides and perused the materials available on

record including the FIR.

5. This Court had granted relief to A4, A5 and A6 in Crl.O.P.Nos.27340 and 27341 of 2023 by order dated 07.12.2023.

6. Taking all the factors, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.III, Tiruppur District, 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 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 petitioner shall report before the respondent Police, on everyday at 10.30 a.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 abscond, a fresh FIR can be registered under Section 229A IPC.

12.12.2023 nvi C.V.KARTHIKEYAN, J.

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12.12.2023