Karthick@ Karthicpandian v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Karthick @ Karthicpandian, ... Petitioner /Accused No.3 Vs The State of Tamil Nadu represented by the Inspector of Police, Seidunganallur Police Station, Thoothukudi District.
(Crime No.24 of 2024) ... Respondent / Complainant For Petitioner : Mr.K.Sasi Prabha, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.24 of 2024 on the file of the respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner / Accused No.3, who was arrested and remanded to judicial custody on 11.02.2024 for the alleged offences under Sections 341, 294(b), 302, 506(2) of IPC, in Crime No.24 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the accused persons restrained the deceased and abused him in filthy language and attacked him with aruval resulting in his demise. There are totally 3 accused persons in this case and the petitioner has been arrayed as A3.
3. The petitioner filed the earlier bail application in Crl.OP(MD).No.17255 of 2024 and this Court dismissed the said application considering the nature of allegations made and also considering the fact that there are 3 previous cases against the petitioner, out of which, one case is a murder case. The petitioner thereafter, filed yet another bail application in Crl.OP(MD).No.18680 of 2024 and the same was dismissed as withdrawn by an order dated 29.10.2024. This is the third bail application filed before this Court.
4. This bail application was adjourned from time to time to ensure that the charges are famed by the learned Sessions Court. Accordingly, when the matter was taken up for hearing today, it was brought to the notice of this Court that the charges were framed by the learned II Additional District and Sessions Court, Thoothukudi 2/5
on 04.01.2025.
5. Heard the learned counsel on either side and perused the material records of the case.
6. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration in this case from 11.02.2024 and considering the fact that the investigation has already been completed and police report has been filed and charges have also been framed and also taking note of the fact that there are 3 previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:
7. Accordingly, the petitioner is ordered to be released on bail on his 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, Srivaikundam, Tuticorin District, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the learned II Additional District and Sessions Judge, Thoothukudi daily at 10.30 a.m. apart from the hearing dates until further orders.
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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial. [e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 08/01/2025 / TRUE COPY / 08/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1 THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, THOOTHUKUDI 2 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM, TUTICORIN DISTRICT.
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3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
5 THE INSPECTOR OF POLICE, SEIDUNGANALLUR POLICE STATION, THOOTHUKUDI DISTRICT.
6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.SASIPRABHA, Advocate ( SR-231[I] dated 08/01/2025 )
ORDER
IN CRL OP(MD) No.20851 of 2024 Date :08/01/2025 SA/SAR. /08.01.2025/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5