Allowed

Karthik @ Dharma v. The Inspector of Police

Madras HC14 Jun 2021CRL OP(MD)/7691/2021

Case brief

AI extract

What is this about?

In a bail petition under Section 439 Cr.P.C., the Madurai Bench of Madras High Court granted bail to the petitioner charged with offences under Sections 294(b) and 307 IPC. Considering the injured was discharged, the Court released the petitioner on his own bond.

What did the court decide?

Petitioner ordered released on bail on own bond of Rs.10,000/-; directed to execute second bond with sureties within one month; daily reporting ordered.

Karthik @ Dharma Vs The Inspector of Police — Cheating and Forgery | Madras HC (2021)

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CRL OP(MD). No.7691 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction ) Date : 14/06/2021

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PRESENT

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The Hon'ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD) No.7691 of 2021

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Karthik @ Dharma ... Petitioner/Accused No.1

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Vs The State rep. by The Inspector of Police, Uchipuli Police Station, Uchipuli, Ramanathapuram District. Crime No. 203 of 2021. ... Respondent/Complainant

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For Petitioner : Mr.P.M.Vishnuvarthanan, Advocate. For Respondent : Mr.E.Antony Sahaya Prabakar, Additional Public Prosecutor

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PETITION FOR BAIL Under Section 439 of Cr.P.C.

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PRAYER :- For Bail in Crime No.203 of 2021 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioner/A1, who was arrested on 14.05.2021 for the offences punishable under Sections 294(b) and 307 of IPC in Crime No.203 of 2021 on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that the petitioner and his brother were involved in transporting articles through lorry and there was a dispute between the defacto complainant and the petitioner herein with regard to loading of articles. On 12.05.2021 when his brother was taking load of Chicken feed and was waiting near community centre the petitioner and other came there and attacked him with stones, due to which he sustained injuries. Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 14.05.2021 and the injured has been discharged from the hospital, hence, he seeks bail to the petitioner.

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https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor appearing for the

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CRL OP(MD). No.7691 of 2021

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respondent police opposed this petition on the ground that the investigation is not yet completed and the petitioner is having two previous cases under Sections 323 and 324 of IPC. He would further submit that the injured has been discharged from the hospital.

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5.Taking note of the fact and circumstances of the case and also the fact that the injured has been discharged from the hospital and the fact that the petitioner is in judicial custody from 14.05.2021, this Court is inclined to grant bail to the petitioner.

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6.Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) before the Jail Authority. The petitioner after his release shall surrender before the concerned Judicial Magistrate voluntarily on any working day within a period of one month from the date of resumption of regular work in the Subordinate Courts and 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 learned Judicial Magistrate No.II, Ramanathapuram. On such execution of bond before the concerned Magistrate, the own bond executed before the Jail Authority shall stand cancelled automatically.

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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

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(ii)the petitioner shall report before the respondent police daily at 10.30 am., until further orders.

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iii)the petitioner shall not tamper with evidence or witness.

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iv)the petitioner shall not abscond during trial.

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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].

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vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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sd/-

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14/06/2021

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/ TRUE COPY / / /2021

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, https://hcservices.ecourts.gov.in/hcservices/ Madurai - 625 023.

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CRL OP(MD). No.7691 of 2021

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM. 2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. 3. THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM. 4. THE INSPECTOR OF POLICE, UCHIPULI POLICE STATION, UCHIPULI, RAMANATHAPURAM DISTRICT. 5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.7691 of 2021 Date :14/06/2021 AAV SRS/JC/SAR-I/14.06.2021/3P/6C

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

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Karthik @ Dharma v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Karthik @ Dharma v. The Inspector of Police

Case brief

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