Allowed

Karthick v. State Rep by Its

Madras HC30 Nov 2021CRL OP/22837/2021

Case brief

AI extract

What is this about?

The Madras High Court granted bail to a petitioner alleged of preparing to commit dacoity under Section 399 IPC. The court considered prior incarceration and the dissimilar nature of a previous case where high murder charges were involved before allowing release on personal bond with sureties.

What did the court decide?

The petitioner was ordered to be released on bail on executing a bond for Rs.10,000 with two sureties.

Karthick Vs State Rep by Its — Bail and Remand | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.11.2021 CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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Crl.O.P.No.22837 of 2021

Karthick

... Petitioner

Vs.

State rep. by its The Inspector of Police, Chetpet Police Station, Thiruvannamalai District. (Cr.No.840 of 2021) ... Respondent

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Prayer:

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Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail pending investigation in Crime No.840 of 2021 on the file of the respondent police.

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For Petitioner : Mr.G.Punniakoti

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Government Advocate (Crl. Side) ORDER

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The petitioner who was arrested on 25.09.2021 for the offence under Section 399 of I.P.C. in Crime No.840 of 2021 on the file of the respondent police, seeks bail.

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2.It is the case of the prosecution that the petitioner is alleged to have been preparing to commit dacoity.

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3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and would further submit that the petitioner is facing trial in another case for the offence under 302 of I.P.C. and prayed for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) submitted that there is one previous case as against the petitioner for the offence under Section 302 of I.P.C.

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5.Considering the fact that the previous case as against the petitioner is not of similar nature and considering the period of incarceration undergone by the petitioner, I am inclined to grant bail

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https://hcservices.ecourts.gov.in/hcservices/

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to the petitioner.

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6.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, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Polur and on further condition that:

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(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;

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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 petitioners 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]; and;

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

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-sd/-

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30/11/2021

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.)

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High Court, Madras - 600 104.

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1 THE JUDICIAL MAGISTRATE, POLUR

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2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION]

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https://hcservices.ecourts.gov.in/hcservices/

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3 THE INSPECTOR OF POLICE, CHETPET POLICE STATION, THIRUVANNAMALAI DISTRICT.

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4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE

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+1 CC to M/S. G.PUNNIAKOTI Advocate on payment of necessary charges SR.No.13716

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APN 30/11/2021

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https://hcservices.ecourts.gov.in/hcservices/

Karthick v. State Rep by Its

Case brief

What is this about?

What did the court decide?

Karthick v. State Rep by Its

Case brief

What is this about?

What did the court decide?

What the court decided

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