Karthick @ Porikarthick v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Karthick @ Pori Karthick ... Petitioner Vs.

The State represented by, The Inspector of Police, Pallapatty Police Station, Salem District, (Crime No.417/2022) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in connection with the Crime No.417 of 2022 pending investigation on the file of the respondent Police. For Petitioner : Mr.V.Perarasu For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 23.08.2022 for the offences punishable under Sections 341, 294(b), 392, 397 & 506(ii) of IPC, in Crime No.417 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner waylaid the defacto complainant near the TASMAC shop and abused him in a filthy language and robbed a sum of Rs.2000/- and a cell phone from him. Hence the complaint.

3. The learned counsel for the petitioner would submit that this is the second bail application before this Court and this Court had earlier dismissed the bail application filed by the petitioner in Crl.O.P.No.23498 of 2022 vide order dated 27.09.2022 stating that the petitioner has got four previous cases. He would further submit that all the other previous cases are registered for the offence under Sections 379 of IPC and in order to curtail the further activities of the petitioner, a false complaint has been registered as against the petitioner. He would also submit that the petitioner is in 2/6

custody from 23.08.2022 and he is prepared to abide by any stringent conditions that may be imposed by this Court and hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that the petitioner is a habitual offender and there are 4 previous cases pending as against the petitioner for the offence punishable under Section 379 of IPC. Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 3/6

7. Accordingly, the petitioner is ordered to be released on bail on his 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 Judicial Magistrate No.II, Salem, 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, every day at 10.30 a.m. and 5.30p.m., until further orders;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner 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 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 4/6

[(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 02.11.2022 ham To

1. The Judicial Magistrate No.II, Salem.

2. The Inspector of Police, Pallapatty Police Station, Salem District.

3. The Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

ham 02.11.2022 6/6