Kattan @ Karthick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Kattan @ Karthick

2. Selvakumar ... Petitioners/Accused Nos.1&2 Vs The Inspector of Police, Pattukottai Town Police Station, Thanjavur District, (Crime No.375/2024.) ... Respondent/Complainant For Petitioners :

M/s.B.Anandan, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.375/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/A1&A2, who were arrested and remanded to judicial custody on 04.07.2024 for the offences punishable under Sections 296(b), 308(5) and 351(3) of BNS r/w 25(1-A) of Indian Arms Act, in Crime No.375 of 2024 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the defacto complainant is running a 1/4

petty shop. The petitioners snatched the amount of Rs.600/- from the shirt pocket of the defacto complainant by showing aruval. Hence, the complaint. 3.The learned counsel for the petitioners the petitioners are innocents and they have not committed any offence as mentioned in the FIR. He would further submit that the petitioners are in judicial custody from 04.07.2024 and hence, they may be granted bail.

4.The learned Additional Public Prosecutor would submit that the investigation is in preliminary stage and the first petitioner is having 6 previous cases and the second petitioner is having 2 previous case. Hence, he vehemently, opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners on certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on 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 Judicial Magistrate, Pattukkottai, Thanjavur District. (i)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 2/4

card or Bank Pass Book to ensure their identity; (ii)the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners shall not abscond during trial. v)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]. vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 01/08/2024 / TRUE COPY / 02/08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 3/4

To 1.The Judicial Magistrate, Pattukkottai, Thanjavur District.

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

3.The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.

4.The Officer Incharge, District Prison, Pudukkottai.

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

+1 CC to M/s.B.ANANDAN, Advocate ( SR-9247[I] dated 01/08/2024 )

ORDER

IN CRL OP(MD) No.12340 of 2024 Date :01/08/2024 ED/ /SAR- (02/08/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4