A.Karna @ Kosu Karna vs State

C.V.Karthikeyan, J

The petitioner, who was arrested and remanded to judicial custody on 04.08.2023 for the offence punishable under Sections 395 and 397 of IPC in Crime No.226 of 2023 on the file of the respondent police, seeks bail.

2.It is stated that all the accused/ 8 persons have waylaid the defacto complainant and robbed a sum of Rs.8 lakhs from him under the threat.

It is also stated that some of the accused have been arrested and later, enlarged on bail.

Taking into consideration the period of incarceration suffered by the petitioner and also of the fact that Rs.2,45,000/- have been recovered, this Court is inclined to grant bail to the petitioner with certain conditions.

5.Accordingly, the petitioner is ordered to be released on bail on condition to execute a 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 XVI Metropolitan Magistrate, George Town, and on further conditions that:

[a] the sureties shall affix Left Thumb Impression in the Magistrate may obtain a copy of their photographs and surety bond and the their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 229A IPC.