Madras High CourtCRL OP(MD)/414/2022granted

Karthi @ Palayasour Karthi v. The Inspector Of Police

2022-01-11Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.414 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.414 of 2022 Karthi @ Palayasour Karthi ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Pattukkottai Town Police , Thanjavur District.

Cr.No. 988/2021. ... Respondent/Complainant For Petitioner : M/s.Murugesan.D.R, Advocate.

For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 988 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/sole Accused herein, who was arrested on 20.08.2021 for the alleged offence under Section 25(1-A) of Arms Act, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that one Muthukumar - S.S.I. Of police attached to the respondent police has conducted a routine check up, on 20.08.2021, they found that the petitioner having Aruval and threatened the public. Hence, the complaint. 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 filed a petition in Cr.M.P.No.5692 of 2021, seeking bail, before the Principal Sessions Judge, Thanjavur and the same was dismissed by the trial Court. Hence, the petitioner filed this petition and the petitioner is in custody from 20.08.2021 and charge sheet was not filed and that he is entitled for statutory bail under Section 167 (2) Cr.P.C. and hence, he seeks bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent opposed the bail petition on the ground that the investigation is not yet completed. He would further submit that final report has not been filed before the concerned Court and the petitioner is a rowdy element and he is having 7 previous cases, including one murder case and prayed the petition to be dismissed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.414 of 2022 5.Considering the fact and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 20.08.2021 and charge sheet was not filed in time, the petitioner is entitled for statutory bail, under Section 167 (2) Cr.P.C. Hence this Court is inclined to grant bail to the petitioner with conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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, Pattukottai. Due to COVID-19 pandemic situation, the petitioner shall report before the respondent police once in 15 days at 10.30 a.m. until further orders. sd/- 11/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, DISTRICT JAIL,PUDHUKKOTTAI.

4 THE INSPECTOR OF POLICE PATTUKKOTTAI TOWN POLICE , THANJAVUR DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.414 of 2022 Date :11/01/2022 MK/JM/SAR-IV/11.01.2022 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2