IN THE COURT OF THE PRINCIPAL DISTRICT & SESSIONS JUDGE, COIMBATORE.
Present: Tmt. G. VIJAYA, B.A., M.L., PGDCFS,
PRINCIPAL DISTRICT & SESSIONS JUDGE, COIMBATORE.
Friday, this the 30th day of August, 2024
CRIMINAL MISCELLANEOUS PETITION No.4793/2024
D. Alexis Sudhakar. ( Age 49 years) S/o. Durairaj … Petitioner / Accused No.1
/vs/
State, Rep. by
through the Inspector of Police,
Thudiyalur Police Station,
Crime No.184/2024.
Offence: u/s. 363 of IPC @ Sec.364 (A) of IPC.
Through the Public Prosecutor, Coimbatore. … Complainant
(The Judicial Magistrate No.1, Coimbatore.)
This petition filed on behalf of the petitioner to release him on bail u/s.483 of BNSS.
This petition is coming on this day for final hearing before this Court in the presence of Tvl. T. Muthumalai Sivakumar, K. Chelladurai, S. Aasathkmar and, P. Ajith, Advocates for the Petitioner / Accused No.1 and Thiru. V. Ravichandran, Public Prosecutor, represented for State, upon perusing the petition submitted and upon hearing both side arguments, this Court pronounced the following:-
ORDER
Heard both side.
The petitioner is the accused in Crime No.184/2024 of Thudiyalur Police Station, for the alleged offence u/s. 363 of IPC @ Sec.364(A) of IPC, he has filed this petition, seeking grant of bail.
- Previous bail petition filed by the petitioner in C.M.P.No.4036/2024 wasdismissed by this Court on 02-08-2024 and this is the second bail petition.
- The case of the prosecution is that the defacto complainant is the motherof the victim. On 11-05-2024, at about 11.30 p.m., victim went along with some unknown persons. Subsequently, on 13-05-2024, the accused made a phone call to the wife of the victim and demanded a sum of Rs.20,00,000/- for releasing the victim. Hence, the present complaint.
- The learned counsel for the petitioner submitted that already this Courtgranted bail to the co-accused in this case. The learned counsel has further submitted that the petitioner is a Practicing Advocate. The learned counsel has further submitted that previously the petitioner was detained under Act No.14 of 1982 and the said order has been revoked by the Advisory Board. The learned counsel has further submitted that the petitioner is innocent and he has been falsely implicated in this case and he has no criminal back ground and he is in judicial custody for the past 60 days and prays to enlarge the petitioner on bail. The learned counsel has further submitted that since the petitioner is practising Advocate in Chennai and if this Court is inclined to grant bail to the petitioner, impose condition to sign before the T3 Pallavaram Police Station.
- The learned Public Prosecutor has submitted that there are 12 accused inthis cases. The petitioner is arrayed as A-1. The learned Public Prosecutor has further submitted that on the date of occurrence, the accused came in a car and abducted the victim for recover of 20 kgs of gold. Subsequently, they demanded a sum of Rs.20,00,000/- for releasing the victim. The learned Public Prosecutor has further submitted that except the present case, the petitioner is involved in two other cases and the petitioner has been detained under Act No.14 of 1982 and the said order has been revoked by the Advisory Board. The learned Public Prosecutor has further submitted that investigation is not yet completed and opposed to grant bail to the petitioner.
- This Court has considered the submissions made by both side. Initially,the respondent police registered this case for the offence u/s.363 of IPC and subsequently altered the section as Sec.364(A) of IPC. As per the prosecution case, on the date of occurrence, the accused conspired together and kidnapped the victim who is the son of the defacto complainant for recovery of 20 kgs of gold. The petitioner is in judicial custody for the past 60 days. The learned counsel for the petitioner would argue that previously the petitioner has been detained under Act No.14 of 1982 and subsequently the said order has been revoked by the Advisory Board. The learned Prosecutor submitted that except the present case, petitioner is involved in two other cases and the petitioner has been detained under Act No.14 of 1982 and the said order has been revoked by the Advisory Board. Taking into consideration of the above, considering the nature of offence, having regard to the period of incarceration, considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner subject to the following conditions:-
(i) The petitioner is ordered to be enlarged on bail on his executing a bond for Rs.10,000/- with two sureties for a like sum each to the satisfaction of the Judicial Magistrate No.1, Coimbatore.
(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar Card or Bank Pass Book to ensure their identity.
(iii) The petitioner is directed to sign before the Inspector of Police, T3 Pallavaram Police Station, Chennai daily at 10.00 a.m. for a period of 15 days.
(iv) The petitioner shall not abscond either during investigation or trial.
(v) The petitioner shall not tamper with evidence or witness either during investigation or trial.
(vi) 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].
(vii) If the accused thereafter abscond, a fresh FIR can be registered under Section 229A of IPC.
This order is dictated to steno-typist, typed by her, corrected and pronounced by me on this 30th day of August 2024.PRINCIPAL DISTRICT & SESSIONS JUDGE, COIMBATORE.CC to ( sent via email):- - The Judicial Magistrate No.1, Coimbatore.
- The Superintendent, Central Prison, Coimbatore.
- The Public Prosecutor, Coimbatore.
- The Inspector of Police, Thudiyalur Police Station.
- The Inspector of Police, T3, Pallavaram Police Station, Chennai.