Allowed

Karthik v. the Inspector of Police

Madras HC11 Apr 2019CRL OP(MD)/5482/2019

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner, Karthik, in a criminal case alleging public nuisance, assault, and intimidation. The court delegated day-to-day supervision to the trial court, requiring the petitioner to execute a bond with sureties, report daily to the police, and prevent tampering with evidence or absconding.

What did the court decide?

Petitioner released on bail with a bond of Rs. 10,000/- with two sureties, subject to daily police reporting, no tampering with evidence, and prohibition of absconding.

Karthik Vs the Inspector of Police — Anticipatory Bail | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Thursday, the Eleventh day of April Two Thousand Nineteen

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PRESENT

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The Hon`ble Mr.Justice M.DHANDAPANI

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CRL OP(MD) No.5482 of 2019

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KARTHIK ... PETITIONER / ACCUSED NO.2

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THE STATE THROUGH

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THE INSPECTOR OF POLICE, KARAIKUDI SOUTH POLICE STATION, SIVAGANGAI DISTRICT.

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(CRIME NO.121 OF 2019) ... RESPONDENT / COMPLAINANT

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For Petitioner : Mr.R.ALAGUMANI Advocate

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For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate

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( Crl. Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(B), 323 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Cr.No.121 of 2019 on the file of the respondent police, seeks anticipatory bail.

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2.It is the case of the prosecution that defacto complainant's wife is running a groceries shop, for which, there was a dispute between the petitioner and the defacto complainant, thereby, the petitioner attacked the defacto complainant and he sustained injury. Hence, the complaint.

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3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that injured has been discharged from the hospital.

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5.Considering the facts and circumstances of the case and https://hcservices.ecourts.gov.in/hcservices/ considering the fact that injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the

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petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Karaikudi, on condition that 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 respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(b)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

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(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(d)the petitioner shall not abscond either during investigation or trial;

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(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 petitioners 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]; and;

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(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/-

11/04/2019

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

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Madurai Bench of Madras High Court,