P.Karthik v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Sixteenth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.25776 of 2018 P.KARTHIK [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SULUR POLICE STATION, SULUR, COIMBATORE DISTRICT.
CRIME NO.834 OF 2018.
For Petitioner : M/S.K.BALASUBRAMANIAM Advocate For Respondent : MRS.M.PRABHAVATHI, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest for the alleged offences under Sections 147, 148, 341, 352, 354(D), 365 r/w 511, 385, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.834 of 2018 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the de-facto complainant was having illegal intimacy with A1, due to which A1 and A2 demanded money by threatening her to upload her photo along with A1. When she refused, on 10.10.2018, A1 and A2 along with other accuaed tried to kidnap the Defacto Complainant's daughter. It is alleged that the petitioner helped the A1 and A2 to kidnap the defacto complainant's daughter. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is arraigned as A4 in this case and he did not commit any such offence as alleged by the prosecution and that the petitioner has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor would submit that the petitioner is an employee under A1 and he accompanied with A1
and A2 and helped to the crime. Hence she vehemently opposed to grant anticipatory bail to the petitioner.
5. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Sulur and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
-sd/- 16/11/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, SULUR 2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION]
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, SULUR POLICE STATION, SULUR, COIMBATORE DISTRICT +1CC to M/S.K.BALASUBRAMANIAM Advocate on payment of necessary charges SR.NO.21588 CRL OP.25776/2018 Date :16/11/2018 cm 16/11/2018