Karnan @ Karuna Basha v. State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Karnan @ Karuna Basa ... Petitioner / Accused-3 Vs.
The State represented by:
The Inspector of Police, Kurisilapet Police Station.
(Crime No.20 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.20 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. M. Mohamed Muzammil For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 11.02.2025, seeking bail in Crime 1/5
No.20 of 2025 registered for the offences under Sections 118(1), 309(4), 309(6), 61(2)(a) and 351(3) of IPC read with Section 4 of Women Harassment Act altered as Sections 118(1), 309(4), 309(6), 61(2)(a), 351(3) and 310(2) of B.N.S. read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.
2. The case of the prosecution is that the petitioner along with other accused, went to the house of the defacto complainant, assaulted the defacto complainant, his mother and his wife and took away the jewels weighing about 12 and 1/2 sovereigns and cash of Rs.1,00,000/- and thus committed the aforesaid offences.
3. The learned counsel appearing for the petitioner would submit that the allegations against the petitioner are false; that the petitioner accompanied the other accused, when they went to the house of the defacto complainant; that the allegation of theft of cash and jewels by the petitioner are false; that he has no bad antecedents and that considering the period of incarceration, further custody of the petitioner is not required for the purpose of investigation and prayed for grant of bail.
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4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that all the accused were arrested and remanded; that the petitioner has 4 other previous cases registered under Lotteries Act and all of them, were disposed of.
5. Considering the aforesaid facts, nature of allegations, the fact that the stolen jewels have been recovered and considering the period of incarceration, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence, 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.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the District and Sessions Court, Tirupattur 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;
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[b] the petitioner shall report before the respondent Police on every day at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner 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 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.
20.03.2025 mjs To
1. The District and Sessions Court, Tirupattur. 4/5
2.The Inspector of Police, Kurisilapet Police Station.
3. The Superintendent of Police, Central Prison, Vellore.
4. The Public Prosecutor, High Court of Madras. SUNDER MOHAN., J.
mjs 20.03.2025 5/5