Karthikeyan @ Kili Karthik v. The State Rep By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.

Karthikeyan @ Kili Karthik 2.

Karthick @ Bothai Karthick ... petitionerss Vs.

State rep. by its Inspector of Police, P6, Kodungaiyur Police Station, Chennai. (Cr.No. 897 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail pending investigation in Crime No.897 of 2024 on the file of the respondent Police. For petitioners :

Mr.R.Thirugnanam For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No. 897 of 2024 registered for the offences punishable under Sections 126(2), 296(b), 311 & 351(3) of BNS, 2023 is on board for consideration.

2.The incarceration of the petitioners being from 23.12.2024 pleading innocence on the part of the petitioners and false implication in the case, learned 1/4

counsel for the petitioners seeks indulgence of this Court. He also submits that the petitioners have not committed any offence as alleged by the prosecution, whereas, only to keep him under fetters and to detain him under Act 14, this case has been foisted against him. He also submits that the petitioners is in no way connected with the alleged offences and they are ready to abide by any stringent condition that may be imposed by this court.

3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioners are said to have waylaid the de facto complainant and robbed him of a sum of Rs.550/- at knife point. He further submits that there are two previous cases against the first petitioner and three previous cases against the second petitioner.

4.Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioners, this court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the 2/4

learned X Metropolitan Magistrate, Egmore, Chennai 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 petitioners shall report before the respondent Police, everyday at 06.30 p.m., until further orders;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness 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 petitioners 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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A.D.JAGADISH CHANDIRA, J.

sai To 1.

The X Metropolitan Magistrate, Egmore, Chennai.

2.

The Inspector of Police.

P6, Kodungaiyur Police Station, Chennai.

3.

The Superintendent, Central Prison, Puzhal.

4.

The Public Prosecutor, High Court of Madras.

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