Karthickeyan @ Karthick @ Thuppaki Karthick v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2024
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL Karthickeyan @ Karthick @ Thuppaki Karthick
...Petitioner
Vs.
The State rep by The Inspector of Police, R-5, Virugambakkam Police Station Chennai District (Crime No.333 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in Crime No.333 of 2024 on the file of respondent police.
For Petitioner : Mr.A.Saranraj For Respondent : Mr.S.Vinothkumar Government Advocate (Crl. Side) *****
ORDER
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The petitioner, who was arrested and remanded to judicial custody on 29.06.2024 for the offences under Section 341, 294(b), 323, 427, 336, 392 & 397 of IPC in Crime No.333 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner on 29.06.2024 went to the defacto complainant's shop threatened and demanded the defacto complainant to pay a sum of Rs.2000/-. When refused, the petitioner snatched from him at the knife point. Hence, the case.
3. Learned counsel for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. He further submitted that the petitioner is a law-abiding citizen and he is ready to furnish substantial sureties for his due release on bail; therefore, he prays for the grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) submitted that the petitioner went to the defacto complainant's shop threatened and 2/6
demanded the defacto complainant to pay a sum of Rs.2000/-. When the defacto complainant refused, the petitioner snatched Rs.1500/- from him at the knife point. He further submitted that there are 28 previous case pending as against the petitioner and vehemently objected to granting bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the submissions made on both sides, and taking into consideration the period of incarceration undergone by the petitioner and also the money involved in this case and considering the other aspects, 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, each for a like sum to the satisfaction of the court of 23rd Chief Judicial Magistrate, Saidapet, and on further conditions that:
[a]the petitioner shall report before the jurisdictional 3/6
Magistrate on every Monday at 10.30 a.m. until further orders;
[b]the petitioner shall not abscond either during investigation or trial;
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d]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];
[e] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the BNS.
28.08.2024 dhk To 1.The 23rd Chief Judicial Magistrate Saidapet, Chennai District 4/6
2.Central Prison, Puzhal 3.The Inspector of Police, R-5, Virugambakkam Police Station Chennai District 4.The Public Prosecutor, High Court of Madras.
P.DHANABAL, J.
dhk 5/6
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