Karthick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/05/2024 PRESENT The Hon`ble Mrs.Justice L.VICTORIA GOWRI Karthick ... Petitioner/ Sole Accused Vs The State through The Inspector of Police, Thanjavur East Police Station, Thanjavur District.

(Crime No.406 of 2024).

... Respondent/Complainant For Petitioner :

Mr.R.Senthilkumar, Advocate.

For Respondent :

Mr.A.Albert James Government Advocate PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.406/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner /Sole Accused who was arrested and remanded to judicial custody on 25.04.2024 for the offences under section 75(1)(c) of the TN City Police Act, 1888 1/4

and Section 25(1A) of the Arms Act, 1959, in Crime No.406 of 2024 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the defacto complainant is a Sub Inspector of Police. On 28.04.2024, the petitioner alleged to have in possession of a sword and threatened the people. Therefore, the present case came to be registered.

3. The learned Government Advocate (Crl.side) appearing for the State would submit that investigation is almost completed.

4. Heard the learned counsel for the petitioner and also the learned Government Advocate (Crl.).

5. Considering the facts and circumstances of the case and also taking note of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6.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 learned Judicial Magistrate No.I, Thanjavore and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioner shall report before the respondent police daily at 11.00 a.m., for a period of four weeks and thereafter as and when required for interrogation. [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 is 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.

sd/- 29/05/2024 / TRUE COPY / 29/05/2024 Sub-Assistant Registrar (Vigilance) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN To 1.The Judicial Magistrate No.I, Thanjavore.

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2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Thanjavur East Police Station, Thanjavore District.

4.The Officer Incharge, Sub Jail, Thanjavur.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.SENTHILKUMAR, Advocate ( SR-5908[I] dated 29/05/2024 )

ORDER

IN CRL OP(MD) No.8041 of 2024 Date :29/05/2024 ED/ /SAR- (29/05/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4