Manojkumar v. State Rep.By

Crl.OP.No.27226 of 2023 Crl.O.P.No.27226 of 2023 C.V.KARTHIKEYAN, J.

The petitioners who were arrested and remanded to judicial custody on 16.10.2023 for the offences registered under Sections 147, 365, 342 and 506(i) of IPC, in Crime No.752 of 2023, seek bail. 2.It is stated that A1 has a business transaction with the husband of the defacto complainant relating to trade in pepper. It is also stated that the husband of the defacto complainant had received a sum of Rs.23,00,000/- and did not repay the amount or supply the pepper. In this connection, they had also lodged a complaint against him and FIR had been registered among other provisions under Section 420 of IPC. Since the amount had not been repaid, the accused persons had in the first instance kidnapped him and relating to that, a FIR in Crime No.198 of 2023 had been registered and they had also obtained bail. After coming out on bail, they again kidnapped him leading to registration of the present FIR in Crime No.752 of 2023.

3.It is thus seen that this offence has been committed while the petitioners were on bail.

4.The learned counsel for the petitioners stated that in the earlier FIR in Crime No.198 of 2023, A1 alone was the accused. 5.It is stated that half the amount had been recovered and since there was still amounts payable by the husband of the defacto complainant, they had resorted to this offence. But the offence cannot be 1/2 https://www.mhc.tn.gov.in/judis

Crl.OP.No.27226 of 2023 C.V.KARTHIKEYAN, J.

vkr separated as against A1, A2 and A3 and it would be to the knowledge of the A2 and A3 about the registration of the earlier FIR against A1. 6.Moreover, committing this offence for the second time, would only lead to a situation, wherein, if again bail is granted, once again they will kidnap the husband of the defacto complainant and it will only be a continuing offence.

7.At this stage, this Court is not inclined to grant bail to the petitioners.

8.Hence, this Criminal Original Petition stands dismissed. 01.12.2023 vkr Crl.O.P.No.27226 of 2023 2/2 https://www.mhc.tn.gov.in/judis