Avathar Karthick @ Karthick v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2023

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Avathar Karthick @ Karthick ... Petitioner Vs.

The State represented by, The Inspector of Police, J-3, Guindy Police Station, Chennai.

(Crime No.81 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.81 of 2023, pending investigation on the file of the respondent Police.

For Petitioner : Mr.G.Pandian For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 02.02.2023, for the offences punishable under Sections 341, 1/6

294(b), 323, 336, 427, 397, 506(ii) of IPC, in Crime No.81 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with two other accused waylaid the defacto complainant and robbed a sum of Rs.7,600/- and 8 grams of gold chain from him and also attacked him with hands. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He also submitted that the petitioner has granted bail in other cases and he is in custody from 02.02.2023 and he is prepared to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Govt. Advocate (Crl.side) appearing for the respondent police submitted that there was 10 previous cases pending against the petitioner and also granted bail in some other cases. He further submitted that the investigation is also completed. Hence, he opposed for grant of bail to the 2/6

petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submissions made by either side and also a fact that the investigation is completed and the petitioner also granted bail in some other cases and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties (one surety must be a blood related surety),for a like sum to the satisfaction of the learned IX, Metropolitan Magistrate, Saidapet, and on further conditions that:

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[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 respondent Police daily at 10.30 a.m., and 5.00 p.m., for a period of two months without fail;

[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 abscond, a fresh FIR can be registered under Section 229A IPC.

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To

1. The IX Metropolitan Magistrate Court, Saidapet.

2. The Inspector of Police, J-3, Guindy Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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T.V.THAMILSELVI, J.

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