S. Karthik @ Karthi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/01/2020 PRESENT The Hon`ble Mr.Justice S.S.SUNDAR S.Karthik @ Karthi, ... Petitioner/Accused No.3 Vs State represented by The Inspector of Police, Kumbakonam All Women Police Station, Thanjavur District.

(Crime No.11/2018). ... Respondent/Complainant For Petitioner : M/s.S.Sankar Advocate.

For Respondent : Mr.R.Anandaraj, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 11/2018 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioner was arrested and remanded to Judicial Custody on 28.01.2019 for the offences punishable under sections 366, 376(2) (j), 376(2)(m) and 376D of I.P.C., in Crime No.11 of 2018 on the file of the respondent police. He seeks bail. 3.The learned Additional Public Prosecutor opposed to grant bail to the petitioner as the investigation is going on. 4.Considering the fact that there is no strong material so far that has been gathered against the petitioner/Accused No.3 and the fact that he is in jail for more than one year, this Court is 1/3

inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i) the petitioner shall execute 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 Judicial Magistrate, Thiruvidaimaruthur.

(ii) the petitioner is directed to stay at Chennai and appear before the Superintendent of Police, CBCID, Central Zone, CBCID Head Quarters, Egmore, Chennai - 600 008 at 10.30 a.m. once in two days. (iii) the petitioner shall not go to any place beyond 30 kilometers from Chennai till further orders.

(iv) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (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]. sd/- 29/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR.

2. -DO-THRO-THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3.THE SUPERINTENDENT OF POLICE, CBCID, CENTRAL ZONE, CBCID HEAD QUARTERS, EGMORE, CHENNAI - 600 008 4 THE INSPECTOR OF POLICE KUMBAKONAM ALL WOMEN POLICE STATION, THANJAVUR DISTRICT 2/3

5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

+1. CC to M/S.S.SANKAR Advocate SR.No.1796 ORDER IN CRL OP(MD) No.17315 of 2019 Date :29/01/2020 SRM ES/VR/SAR 2/29.01.2020/3P/8C 3/3