N.Karthik@ Vettu Karthick v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twentieth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8966 of 2022 N.KARTHIK @ VETTU KARTHICK [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, P-5, MKB NAGAR POLICE STATION, VYASARPADI, CHENNAI - 600 039 CRIME NO.246/2021 For Petitioner : M/S. P.ALEXANDER Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 397 & 506(ii) of IPC, in Crime No.246 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that this petitioner accompanied with 1st accused robbing Rs.450/- at knife point from the de facto complainant. The alleged incident had taken place on 25.04.2021.
3. The learned Government Advocate (crl.side) submits that A1 was arrested and Rs.150/- was recovered from him and this petitioner is absconding and could not be secured.
4. Considering the nature of the complaint, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned X Metropolitan Magistrate Court, Egmore, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty 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 and on further condition that: (a) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(c)the petitioner shall report before the Investigating Officer daily at 10.30 a.m., until further orders;
(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial;
(f)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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 20/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 X METROPOLITAN MAGISTRATE COURT, EGMORE, CHENNAI
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, P-5, MKB NAGAR POLICE STATION, VYASARPADI, CHENNAI - 600 039 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. P.ALEXANDER Advocate on payment of necessary charges SR.5886 CRL OP.8966/2022 Date :20/04/2022 RVR 27/04/2022