← Library
Madras High CourtCRL OP/24805/2023granted

Karthickraj @ Aruppu Karthick v. Inspector Of Police

2023-11-23Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Karthickraj @ Aruppu Karthick, S/o.Arokkiyadhass

...Petitioner

Vs.

State rep. by the Inspector of Police, T-1, Ambattur Police Station, Chennai.

(Crime No.137 of 2021)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in S.C.No.112 of 2021 pending on the file of the III Additional District and Sessions Judge, Poonamallee, Chennai, on such terms and conditions.

For Petitioner : Mr.S.Senthil Kumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Criminal Side) 1/4

ORDER

The petitioner is an accused in Crime No.137 of 2021, registered by the respondent police for the offences punishable under Sections 341, 294(b) and 302 IPC. The petitioner had been 03.07.2023. 2.Subsequent to the filing of charge sheet, the matter is posted before the III Additional District and Sessions Judge, Poonamallee, Chennai, for examination of prosecution witnesses. 3.The learned counsel for the petitioner states that the petitioner was absent for one hearing date on 08.06.2023, since he had gone to hospital.

4.Taking into consideration all these factors, I am inclined to grant bail to the petitioner subject to the following conditions:

5. 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 Judicial Magistrate, Ambattur and on further conditions that :- [a] the sureties shall affix his photographs and Left Thumb 2/4

Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity. [b] the petitioner shall report before the III Additional District and Sessions Judge, Poonamallee, Chennai, on every Monday and Friday at 10.30 a.m., apart from Court hearing dates, till completion of trial.

[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.

23.11.2023 rjr/ata C.V.KARTHIKEYAN.

J.

3/4

rjr To 1.The Judicial Magistrate, Ambattur 2.Central Prison No.II, Puzhal, Chennai.

3.Inspector of Police, T-1, Ambattur Police Station.

Chennai.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.24805 of 2023 23.11.2023 4/4