Karthikeyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). Nos.16069 & 16070 of 2022

1. Karthikeyan,

2. Edison @ Edi ... Petitioners/Accused No.1 & 2 in CRL OP(MD). No.16069 of 2022 ... Petitioners/Accused No.1 & 7 in CRL OP(MD). No.16070 of 2022 Vs.

The State rep.by, The Inspector of Police, Nachiyar Kovil Police Station, Thanjavur District. (Fir in Crime Nos.394 & 393/2022) ... Respondent/Complainant in Both cases For Petitioners : M/s.RAJESHWARAN K, Advocate.(in Both cases) For Respondent : Mr.SS.MADHAVAN, Government Advocate (Crl. Side) (in Both cases) PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime Nos.394 & 393/2022 on the file of the Respondent Police.

COMMON ORDER : The Court made the following order :- The petitioners herein, who were arrested on 14.06.2022 for the alleged offence under Sections 294(b), 324 and 307 of IPC, in Crime No.394 of 2022 and for the alleged offences under Sections 147, 148, 294(b), 363, 324, 342 and 307 of IPC in Crime No.393 of 2022, on the file of the respondent police, seek bail by filing Crl.O.P.Nos.16069 & 16070 of 2022.

2.The case of the prosecution is that on 14.06.2022 at about 1.15 p.m., at the instigation of the 1st petitioner, his friends assaulted the defacto complainant Tamilselvan stating that he is supporting one Vigneshwaran. Hence, the complaint in Crime No.394 of 2022 has been registered. On the same day, the Said Vigneshwaran has lodged a complaint in Crime NO.393 of 2022 stating that the defacto complainant was working under the 1st petitioner and since proper payment was not given to him, he asked the same with the 1st petitioner. Therefore, the 1st petitioner with the help of the other https://www.mhc.tn.gov.in/judis 1/2

accused kidnapped the said Vigneshwaran and detained him in her house and with the help of his friends he was rescued. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor submitted that final report is unable to file since the co-accused in this case are absconding.

5.Even though it appears that the petitioners are not having good antecedents, considering the fact that since the petitioners are in custody from 14.06.2022, they are entitled for Statutory Bail within three days, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in both cases, on executing a personal 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 No.II, Kumbakonam and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 09/09/2022 / TRUE COPY / 09/09/2022 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.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE NACHIYAR KOVIL POLICE STATION, THANJAVUR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CC to M/S.RAJESHWARAN K Advocate SR.No.9849 & 9850 ORDER IN CRL OP(MD) No.16069 & 16070 of 2022 Date :09/09/2022 MK/VR/SAR.III/09.09.2022/2P/8C https://www.mhc.tn.gov.in/judis 2/2