Karthikeyan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Karthikeyan S/o.Kunjafnnachettiyar, No.13-C, Hospital Colony, Kumaran Nagar, Metturdam Post, Mettur Taluk, Salem District.

..Petitioner(s) Vs State rep. By The Inspector of Police, METTUR Police Station, Salem District.

[Crime No.198 of 2025] ..Respondent(s) PRAYER: This Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the Petitioner on bail in S.C.No.319 of 2025, on the file of the Sessions Judge, Mahil Neethimandram, Salem, and thus render justice.

For Petitioner(s):

M/s.W.Camyles Gandhi For Respondent(s):

Mr. S. Vinoth Kumar, Government Advocate (Criminal side).

ORDER

The petitioner, who was arrested and remanded to judicial custody on 17.04.2025 for the alleged offence under Section 103(1) of B.N.S in Crime No.198 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the deceased Revathy are husband and wife, when the deceased questioned the petitioner with regard to his illegal intimacy with another lady, they had quarrel between them and due to which, on 16.04.2025, the petitioner assaulted his wife Revathy using deadly weapon and murdered her. Hence, this case.

3. The learned counsel appearing for the petitioner submitted that the occurrence took place on 16.04.2025 and the petitioner was arrested on 17.04.2025. It is the further submission of the learned counsel for the petitioner that this Court, vide order passed in Crl. O.P. No.18790 of 2025, dismissed the earlier bail application with a direction to the trial Court to dispose the case within a period of 6 months. Further it is a specific submission of the petitioner that in spite of such direction of this Court, even now, LW1 has not been examined.

4. The above said fact is not seriously disputed by the learned Government Advocate (Criminal Side) appearing for the respondent police and he submitted that though there are three previous cases, it is undisputed that those cases are with regard to the matrimonial disputes.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. Since the petitioner is in incarceration from 17.04.2025 and considering the fact the trial could not be complete the trial within a period of 6 months, this Court is inclined to grant bail to the petitioner, subject to certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Sessions Judge, Mahila Neethimandram, Salem, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the trial Court i.e., Sessions Judge, Mahila Neethimandram, Salem regularly on every hearing until further orders;

[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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the

petitioner in accordance with law as if the aforementioned 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)13 SCC 283]:

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

05-03-2026 MJS 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 Sessions Judge, Mahila Neethimandram, Salem

2. The Inspector of Police, METTUR Police Station, Salem District.

3. The Superintendent, Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 05-03-2026