S.Karthik v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.09.2024
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.21788 of 2024 S.Karthik ... Petitioner / Accused -1 Vs State rep. by The Inspector of Police, Anupparpalayam Police Station, Tiruppur District.
(Crime No.413 of 2018) ... Respondent PRAYER: - The Criminal Original Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, praying to enlarge the Petitioner on bail in Crime No.413 of 2018, on the file of the respondent.
For Petitioner : Mr.P.Babu For Respondent : Mr.S.Vinothkumar Government Advocate (Criminal Side) 1/6
ORDER
The petitioner seeks bail in S.C.No.113 of 2021 for the offences punishable under Sections 170, 419, 420 and 448 of IPC on the file of the Chief Judicial Magistrate, Tiruppur. The petitioner was remanded to judicial custody on 31.07.2024 on execution of NBW issued against him on 25.06.2024.
2.The case of the prosecution is that the petitioner along with the other accused, trespassed into the house of the defacto complainant, impersonated themselves as Income Tax officials and thereby looted 18 sovereigns of gold jewels and cash of Rs.4,00,000/- and in order to escape from the hands of the police, the accused have damaged the CCTV camera. Hence, the case.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner was already granted bail and due to health issues, he did not appear before the Court and hence, NBW was 2/6
issued against the petitioner on 25.06.2024. He would further submit that the petitioner has been in judicial custody for more than 30 days. Hence, he prays for grant of bail to the petitioner. 4.The learned Government Advocate (Crl. Side) for the respondent would submit that the petitioner along with the other accused trespassed into the house of the defacto complainant and stating that they are Income Tax officials, threatened him and looted 18 sovereigns of gold and cash of Rs.4,00,000/-. He would further submit that the petitioner was already granted bail, but however, due to his non appearance before the Court, NBW was issued against him on 25.06.2024 and the same was executed only on 31.07.2024. He would further submit that the case is now posted for trial. However, he raised serious objections to grant bail to the petitioner.
5. Heard both side learned counsel and perused the materials available on record.
3/6
6. Considering that already the petitioner was released on bail in 2018 itself and thereafter, due to his non appearance before the Court, NBW was issued and the same was executed and the case is also taken on file in S.C.No.113 of 2021 and the petitioner is in custody from 31.07.2024 and the case is now posted for trial, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the Petitioner is ordered to be released on bail on condition to execute 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 Principal Sessions Judge, Tiruppur, and on further conditions that;
[b] the Petitioner shall report before the Trial Court on every working day at 10.30 a.m., until further orders. [c] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;
[d] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
[e] the Petitioner shall not abscond either during investigation or trial;
[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action 4/6
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 269 B.N.S.
05.09.2024 ata To 1.The Principal Sessions Judge, Tiruppur.
2.The Inspector of Police, Anupparpalayam Police Station, Tiruppur District.
3.Central Prison, Coimbatore.
4.The Public Prosecutor, High Court, Madras.
5/6
P.DHANABAL ,J.
ata CRL.OP.No.21788 of 2024 05.09.2024 6/6