Karthick Alias Karthikeyan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Karthick @ Karthickeyan

2. Murugan ... Petitioners/2nd & 3rd Accused Vs State Rep.by The Inspector of Police, Boothapandy Police Station, Kanyakumari District.

(Crime No.312 of 2021) ... Respondent/Complainant For Petitioners: Mr.S.Pillai Monicantan, Advocate.

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

PRAYER :- For Bail in Cr.No.312 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A2 and A3, who were arrested on 07.07.2021 for the offences under Sections 294(b), 307 and 324 of IPC in Cr.No.312 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that due to previous enmity, the petitioners along with others are said to have assaulted the defacto complainant with sickle and caused injuries.

3. The learned counsel appearing for the petitioners submits that a false case has been foisted against the petitioners and the injured was discharged from the hospital.

4. The learned Government Advocate (Crl. Side) submits that it is a case in counter and the injured was also discharged from the Hospital.

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5. Taking into consideration the facts and circumstances of the case and also taking note of the fact that the injured was discharged from the hospital, this Court is inclined to grant bail to the petitioners.

5. Accordingly, the petitioners are ordered to be released on bail 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 Judicial Magistrate, Boothapandi and on further condition 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. [b] the petitioners shall appear before the respondent police once in a week of every Monday at 10.30 am., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 229-A IPC.

sd/- 02/08/2021 / 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.

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TO

1. THE JUDICIAL MAGISTRATE, BOOTHAPANDI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3. THE OFFICER INCHARGE,SUB JAIL, NAGERCOIL.

4. THE INSPECTOR OF POLICE, BOOTHAPANDY POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10380 of 2021 Date :02/08/2021 OGY MS/VR/SAR-2/02.08.2021/3P.6C 3/3