Madras High CourtCRL OP(MD)/7835/2024ordered

Karthickeyan @ Gundu Karthi v. The Inspector Of Police

2024-06-07Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Karthickeyan @ Gundu Karthi, ... Petitioner/Accused Vs The Inspector of Police, Nammanasamuthiram Police Station, Pudukkottai District.

Cr.No.51/2024.

... Respondent/Complainant For Petitioner : Mr.D.PADMANABHAN, Advocate.

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

PRAYER :- For Bail in Cr.No.51/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested on 04.05.2024, for the offence under Sections 151 of Cr.P.C, 7(1)(a) of Criminal Amendment Act and 7, 25(1) (a) of Arms Act, in Crime No.51 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 04.05.2024, the petitioner was carrying lethal weapons in his hand with an intention to incite the people by criticizing the Government and also damaged the Government Property. Hence, the 1/5

complaint.

3. The learned counsel for the petitioner submits that the petitioner was detained under Act 14 of 1982, the detention order was revoked on 30.04.2024, he obtained bail in all the cases on 03.05.2024. However, the respondent police has foisted a false case as against the petitioner on 04.05.2024 that he was in possession of Arms.

4. The learned Government Advocate (Crl.side) appearing for the respondent opposes for grant of bail to the petitioner that he is a notorious criminal having ten previous cases to his credit.

S.No.

Crime Numbers Name of Police Stations Offences 1.

50/2019 Thirumayam 294(b) IPC 2.

03/2020 Thirumayam 294(b), 324, 506(ii) IPC 3.

279/2020 Thirumayam 294(b),323, 324, 506(i) IPC 4.

294/2020 Thirumayam 294(b), 506(ii) IPC 5.

163/2021 Thirumayam 294(b),307 IPC @294(b), 324, 326, 307 IPC 6.

116/2022 Thirumayam 387, 506(ii) IPC 7.

142/2022 Thirumayam 294(b),387, 506(ii) IPC 2/5

29/2023 Thirumayam 25(i) (a) 7 of Arms Act, 151 of Cr.P.C (I) (a) CLA Act 9.

68/2023 Thirumayam 302 IPC 10.

545/2020 Thirugokarnam 294(b), 324, 506(ii) IPC

5. Considering the facts and circumstances of the case, considering the submission made by the petitioner's counsel that the detention order has been revoked on 30.04.2024 and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thirumayam, Pudukottai District.

ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioner shall report before the respondent police as and 3/5

when required for interrogation.

iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well. v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.

sd/- 07/06/2024 / TRUE COPY / 10/06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO 1 THE JUDICIAL MAGISTRATE, THIRUMAYAM, PUDUKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, NAMMANASAMUTIRAM POLICE STATION, PUDUKKOTTAI DISTRICT.

4 THE OFFICER INCHARGE, SUB-PRISON, PUDUKOTTAI.

4/5

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

ORDER

IN CRL OP(MD) No.7835 of 2024 Date :07/06/2024 SA/SAR. /10.06.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5