Karthikeyan @ Karthi @ Joker Karthi v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2024
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.Nos. 4643 & 4647 of 2024 Karthi @ Joker Karthi ... Petitioner in both Crl.O.Ps Vs.
The State rep. by The Inspector of Police, Sathuvachari Police Station, Vellore.
... Respondent in both Crl.O.Ps PRAYER IN BOTH PETITIONS: Criminal Original Petitions filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in S.C.Nos.373 and 374 of 2023 pending before the Additional District Judge (FTC), Vellore.
For Petitioners in both petitions : Mr.L.Ram Kumar For Respondent in both petitions : Mr.L.Baskaran, Government Advocate (crl.side)
COMMON ORDER The petitioner in Crl.O.P.No.4643 of 2024 is arrayed as A6 in S.C.No.373 of 2023 now pending before the Additional District Judge (FTC), Vellore. Originally, crime No.272 of 2016 had been registered by the respondent Police under Sections 294(b), 395, 364A, 398, 109, 506(2), 412, 450 and 34 of IPC.
The petitioner in Crl.O.P.No.4647 of 2024 is arrayed as A6 in S.C.No.374 of 2023 now pending before the Additional District Judge (FTC), Vellore. Originally, crime No.273 of 2016 had been registered by the respondent Police under Sections 294(b), 394, 395, 397, 109, 506(2), 147, 148, 149, 412 of IPC r/w Section 3(1) of TNPPD Act. 2.It is stated that Non Bailable Warrant had been issued against the petitioner on 31.10.2023 and the petitioner had been remanded to judicial custody on PT warrant on 09.11.2023.
3.The learned counsel for the petitioner stated that the petitioner was arrested and remanded in yet another case in crime No.317 of 2023 registered by the same respondent Police on 01.10.2023 and therefore, he could not appear before the Judicial Magistrate No.V, Vellore. The Court
had therefore issued Non Bailable Warrant and the petitioner had been secured on PT warrant.
4.Taking all the factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:
5. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Additional District Judge (FTC), Vellore and on further conditions that :- [a] 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 Additional District Judge (FTC), Vellore, on every Monday at 10.30 a.m., apart from the Court hearing dates, till completion of the trial. [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.
05.03.2024 vkr To
1. The Additional District Judge (FTC), Vellore.
2. The Inspector of Police, Sathuvachari Police Station, Vellore.
3. The Central Prison, Vellore.
4. The Public Prosecutor, High Court of Madras.
C.V.KARTHIKEYAN, J.
vkr Crl.O.P.Nos. 4643 & 4647 of 2024 05.03.2024