← Library
Madras High CourtCRL OP/4174/2026granted

Karthick @ Thirutu Karthick v. State Rep. By The Inspector Of Police

2026-02-19Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Karthick @ Thirutu Karthick S/o.Vellaisamy, No.14/264 marudha konar street, Velandipalayam thadagam road, Covai, Tamilnadu 641 025.

..Petitioner(s) Vs State Rep. by The Inspector of Police Saibaba Colony Police Station, Coimbatore District.

Crime No. 329/2019.

..Respondent(s) PRAYER:Criminal Original Petition filed under Section 483 of BNSS Act, 2023, pleased to enlarge him on bail pending before the Learned Judicial Magistrate Court No VII at Coimbatore case connected with the C.C.No.298 of 2020 in Crime No.329 of 2019 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. For Petitioner(s):

M/s.M.Illiyas For Respondent(s):

Mr.C.E.Pratap Government Advocate(Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.04.2025, for the alleged offence punishable under Section 392 of IPC in Crime No.329 of 2019, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner herein was earlier arrested and released on bail and subsequently jumped bail. Hence, the Non Bailable Warrant was issued on 25.11.2024 and executed on 28.04.2025 and he was in custody.

3. The learned counsel appearing for the petitioner submitted that the petitioner is in incarceration for nearly 8 months and there is no progress in the trial, and though PW1 and PW2 were examined and other witnesses were not examined and is ready to co-operate with the trial process. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and submitted that the petitioner's bail petition was earlier dismissed twice and there is no change in circumstances. Hence, he opposed to grant bail to the him.

5. I have gone through the earlier dismissal order and present stage of the case, it revealed that the petitioner is in incarceration from 28.04.2025 i.e., nearly 10 months and though it is stated that the petitioner is having 8 previous cases, considering the period of custody and nature of the offences in this case, this Court is inclined to grant bail to the petitioner with certain conditions;

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate-VII, Coimbatore, 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 Trial Court daily at 10.30 a.m., for a period of three weeks.

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

[d] the petitioner shall not tamper with the 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 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 B.N.S.

19-02-2026 MPA Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate-VII, Coimbatore.

2.State Rep. by The Inspector of Police Saibaba Colony Police Station, Coimbatore District.

Crime No. 329/2019.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

MPA 19-02-2026