K.Karthick Rakesh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice V. SIVAGNANAM CRIMINAL ORIGINAL PETITION No.11055 of 2022 1 K.KARTHICK RAKESH [ PETITIONERS / ACCUSED ] 2 M.PRADEEP KUMAR Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, (*)K-11 CMBT POLICE STATION, CHENNAI.

CR NO.191/2022.

For Petitioner : M/S.G.MOHANA KRISHNAN Advocate For Respondent : M/S.S.SUGENDRAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under sections 294(b), 323, 324 & 506(ii) of IPC and Section 4 of Women's Harassment Act in Crime No.191 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the wife of the 1st petitioner and that the 1st petitioner had seen the defacto complainant with another man in Koyambedu bus stop and suspecting that man might to be her illegal affair, the 1st petitioner had assaulted her with a knife on her hand with the help of the 2nd petitioner. Hence, the present complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he pleads for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted the injured defacto complainant was discharged from the hospital.

5. Considering the facts and circumstances of the case and also taking note of the fact that no one has sustained injury, the custodial interrogation of the petitioner is not necessary in this case and hence, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Learned V Metropolitan Magistrate Court, Egmore, Chennai on condition that each of the petitioners shall execute their own bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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) the petitioners shall affix their photograph and left thumb impression in the surety bond and the Court concerned may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity;

(b)the petitioners shall not tamper with evidence or witness either during investigation or trial; (c)the petitioners shall report before the respondent Police as and when required for interrogation; (d)the petitioners shall not abscond 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 petitioners in accordance with law as if the conditions has been imposed and the petitioners 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;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 11/05/2022 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.

[*] Amended as per order of this Court dated 10/06/2022 made in CRL.MP.NO.7200 OF 2022 IN CRL.O.P.NO.11055 OF 2022. By The Hon`ble Mr Justice G.K.ILANTHIRAIYAN.

TO 1 THE METROPOLITAN MAGISTRATE, NO.V, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

(*) THE INSPECTOR OF POLICE, K-11 CMBT POLICE STATION, CHENNAI.

5 THE INSPECTOR OF POLICE, K-10 CMBT POLICE STATION, CHENNAI.

+1 CC to M/S.G.MOHANA KRISHNAN Advocate on payment of necessary charges SR.NO.8908 CRL OP.11055/2022 Date :11/05/2022 TA-13/05/2022 TA-17/06/2022