Somasundaram Alias Somu v. State Rep By

A.D.JAGADISH CHANDIRA, J.

Apprehending arrest in connection with Crime No.277 of 2024 registered for the offences punishable under Sections 191(2), 126(2), 308(4), 296(b), 115(2) and 351(2) of BNS, 2023, the present petition has been filed seeking anticipatory bail.

2. The case of the prosecution is that, on 21.11.2024, due to previous enmity, the petitioner along with other accused kidnapped the son of the defacto complainant, assaulted the victim and robbed a sum of Rs.2,000/-. Hence the case.

3. Pleading innocence on the part of the petitioner, learned counsel for the petitioner seeks indulgence of this court. He would submit that, in order to detain the petitioner under Act 14, he has been falsely implicated in this case. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

4. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, is that, A-1 to A-

5 kidnapped the son of the defacto complainant and demanded the ransom. He would submit that the petitioner has 5 previous case.

5. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record including the contents of the FIR, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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, Thiruchengode, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 his Aadhar card or Bank pass Book

to ensure their identity;

[b] the petitioner shall report before the respondent police everyday at 6.30 p.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 B.N.S.

10.12.2024 dsn

A.D.JAGADISH CHANDIRA, J.

dsn 10.12.2024