Karthick @ Kutlu Karthick v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD)No.18907 of 2024 Kathick @ Kutlu Karthick ... Petitioner/A-3 Vs The Inspector of Police, Karaikudi North Police Station, Sivagangai District, Crime No.371 of 2024.

... Respondent/Complainant For Petitioner : Mr.N.Jeyaram Sidharth Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.371 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused, who is arrested and remanded to judicial custody on 17.09.2024 for the offence punishable under Sections 191(2), 191(3), 296(b), 115(2),

303(2), 324(4), 351(3) and 109(1) of BNS, 2023, in Crime No.371 of 2024 on the file of the respondent police, seek bail.

2.The case of the prosecution is that due to land dispute between the parties, the petitioner is said to have attacked the defacto complainant and caused injury. Hence, the complaint.

3.Heard the learned counsel on either side and perused the material records of the case.

4.Considering the nature of allegations in this case that the petitioner along with the other accused attacked the defacto complainant, who is an Advocate, on account of a land dispute and considering the fact that the petitioner is in judicial custody from 17.09.2024 and that the similarly placed co-accused has already been granted bail, I am inclined to enlarge the petitioner on bail with certain 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 learned Judicial Magistrate Court, Karaikudi; (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 card or Bank Pass Book to ensure their identity; (ii)the petitioner 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. It is made clear that no relaxation of the condition for the said period will be entertained by this court;

(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 absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 30/10/2024 / TRUE COPY / / /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.

2 DO THROUGH, THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.

4 THE OFFICER IN CHARGE, DISTRICT PRISON, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.18907 of 2024 Date :30/10/2024 PS(30.10.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023