Karuthapandi @ Karthik v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Karuthapandi @ Karthik ... Petitioner/Sole Accused Vs The Inspector of Police, Kadayam Police Station, Tenkasi District.

(Crime No. 37/2020.) ... Respondent/Complainant For Petitioner :

M/s. Jegadeesha Pandian.V.M, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS.

PRAYER :- To release the petitioner/Sole Accused on bail in connection with S.C.No. 381 of 2023 on the file of the Principal Sub Court, Tenkasi and thus render justice. ORDER : The Court made the following order :- The petitioner/Sole Accused, who is facing a case for the offence under Sections 294(b), 307, 506(ii) of IPC, in S.C.No. 381 of 2023 on the file of the Principal Sub 1/4

Court, Tenkasi, in Crime No. 37 of 2020 on the file of the respondent police, seeks bail.

2.The petitioner was absent during the trial in S.C.No. 381 of 2023 on the file of the Principal Sub Court, Tenkasi. Therefore, Non-Bailable Warrant came to be issued on 01.07.2024 and the same was executed on the same day itself and from onwards, he is in judicial custody.

3.Heard both sides.

4. Considering the fact that the petitioner jumped bail and he was arrested and is in custody from 01.07.2024 and also considering the arguments of the learned counsel for the petitioner that the petitioner initially did not know about the transfer of the case from Ambasamudram to Tenkasi, and the petitioner will appear before the trial court for all the hearings without fail, this Court is inclined to grant bail to the petitioner subject to the following conditions: 5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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 the Principal Assistant Sessions Court, Tenkasi.

(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 petitioner shall appear before the trial Court for each and every hearing without fail;

(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner 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 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]; vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC;

sd/- 13/09/2024 / TRUE COPY / 13/09/2024 Sub-Assistant Registrar ( AD II ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 3/4

To 1.The Principal Assistant Sessions Judge, Tenkasi.

2.The Inspector of Police, Kadayam Police Station, Tenkasi District.

3.The Superintendent, Central Prison, Tirunelveli.

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

ORDER

IN CRL OP(MD) No.13170 of 2024 Date :13/09/2024 ED/ /SAR- (13/09/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4