Karthik Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Karthik Kumar ... Petitioner/Accused Rank Not Known Vs The State rep.by The Inspector of Police, Kovilankulam Police Station, Ramanathapuram District.

Crime No.18/2020 ... Respondent/Complainant For Petitioner : Mr.S.Sathya Chidambaram, Advocate.

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

PRAYER :- For Bail in Crime No.18/2020 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A12 herein who were arrested and remanded to judicial custody on 12.01.2021 for the alleged offence under Section 397 of IPC, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 24.02.2020 the petitioner along with other accused waylaid the defacto complainant and robbed a sum of Rs.4000/- from the defacto complainant. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in the above case. He would also submit that the property has been recovered. He would also submit that the petitioner is in jail for more than 30 days, hence he may be granted bail. 4.The learned Government Advocate(Crl.Side) appearing for the State would submit that the petitioner along with other accused 1/3

waylaid the defacto complainant and robbed a sum of Rs.4000/- from the defacto complainant and the same was recovered. No Previous case is pending against the petitioner.

5. It is seen that all the accused persons are said to be member of Palaninathan group who were planning to do away Shanmuganathn and Muneeswaran. The rival group made an attempt but they escaped. Thereafter the above offence is said to have committed. It is seen that there is no complaint from Shanmuganathan or Muneeswaran on the attempt made on them, which is the cause for all the petitioners joining together and thereafter involved in the above case.

6. Taking into consideration the facts and circumstances of the case and also taking into consideration the period of incarceration and also taking note of the fact that the stolen property was recovered and also the fact that no previous case is pending against the petitioner ,this Court is inclined to grant bail to the petitioner by imposing conditions.

7.Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions:

[a] the petitioner shall deposit a sum of Rs.5,000/-(Rupees Five thousand only) to the account of Mr.D.Karthikeyan(Canara bank AccountNo.1012101043080, Tallakulam Branch,IFSC Code No.CNRB0001012) without prejudice to his rights and contentions before the trial Court. The petitioner shall produce the proof of remittance / submission of amount to the Magistrate while executing sureties. [b] On acknowledgment of the same, the petitioner shall 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 learned Judicial Magistrate, Kamuthi, Ramanathapuram District [c] the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

[d] the petitioner shall report before the respondent police daily at 6.30 pm., until further orders.

[e]the petitioner shall not abscond either during investigation or trial.

[f]the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action 2/3

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]. [h]If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 19/02/2021 / TRUE COPY / / /2021 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, KAMUTHI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3.THE INSPECTOR OF POLICE, KOVILANKULAM POLICE STATION, RAMANATHAPURAM DISTRICT.

4.THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.2004 of 2021 Date :19/02/2021 AAV TK/PN/SAR.1/19.02.2021/3P/6C 3/3