Karthik @ Karthikeyan v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2023
CORAM
THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Karthik @ Karthikeyan
...Petitioner
Vs.
State Rep by The Inspector of Police, C-3, Elephant Gate Police Station, Chennai - 600 079.
...Respondent
PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending in Crime No.126/2023 on the file of the respondent.
For Petitioner : Mr.D.Umashankar For Respondent : Mr.S.Rajakumar, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 11.08.2023 for the offence punishable under Sections 147, 294(b), 1/6
323, 427, 392, 397, 506(ii) IPC in Crime No.126 of 2023 on the file of the respondent police, seeks bail.
2.Learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated in Crime No.126 of 2023 for the offences punishable under Sections 147, 294(b), 323, 427, 392, 397, 506(ii) IPC, on the allegation that on 11.08.2023 at about 11 a.m., petitioner had forcefully taken Rs.1,000/- from the defacto complainant and made criminal intimidation. Petitioner is in judicial custody from 11.08.2023. He further submitted that, petitioner was not at all present at the scene of occurrence on the date of incident. Infact, he was taken from his residence on 11.08.2023 at 1.24 p.m., by the respondent police and implicated in this case. In support of his submission, he produced photographs of video footage. Thus, he seeks for grant of bail to the petitioner.
3. In response, learned Public Prosecutor for Pondicherry submitted that, petitioner has one criminal case pending against him. 2/6
Thus, he prays for dismissal of this petition.
4. In reply, learned counsel for the petitioner submitted that, previous criminal case was ended in acquittal in S.C.No.325 of 2017.
5. Considering the nature of the allegations and that petitioner is in judicial custody from 11.08.2023 and that material part of the investigation might have been over by this time, this Court is inclined to grant bail to the petitioner. Accordingly, petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned VIII Metropolitan Magistrate George Town, Chennai 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 respondent police daily morning at 10.30 a.m., until further orders.
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[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.
29.08.2023 gd 4/6
To 1.The VIII Metropolitan Magistrate, George Town, Chennai. 2.The Inspector of Police, C-3, Elephant Gate Police Station, Chennai - 600 079.
3.The Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras G.CHANDRASEKHARAN.
J.
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gd 29.08.2023 6/6