Karthikeyan v. The State Of Tamil Nadu Represented By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Karthikeyan ..Petitioner Vs The State, Represented by Inspector of Police W-38, AWPS - Kolathur, Chennai. (Crime No. 17 of 2025) ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the Crime No.17 of 2025, pending investigation on the file of W-38, All Women Police Station.

For Petitioner:

Ms.M.Rosemiya for M/s.Murali Law Firm For Respondent:

Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 21.12.2025 for the alleged offences under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.17 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner, under the guise of providing physiotherapy treatment, allegedly administered a sedative substance to the defacto complainant and committed sexual assault. Hence, the case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and has not committed any offence as alleged. It is submitted that the petitioner is a qualified physiotherapist and running his own clinic. The petitioner has been in incarceration since 21.12.2025. The learned counsel would further contend that the investigation has been completed and the charge sheet has been filed. It is also submitted that the petitioner will cooperate with the trial and will not abscond. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent opposed the bail application and submitted that the petitioner committed serious offence and the allegations are grave in nature. It is further submitted that the statement under Section 183 of B.N.S.S has been recorded before the Magistrate on 09.01.2026. The learned Government Advocate would submit that the victim has clearly stated the allegations against the petitioner. However, it is fairly submitted that the investigation has been completed and the final report has been filed before the jurisdictional Magistrate.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. From the submission of the learned counsel on either side, this Court is of the view that the petitioner has been in incarceration since 21.12.2025. It is further seen that the investigation has been completed and the final report has been filed before the concerned Court. Considering the above circumstances and considering the fact that the petitioner has been in incarceration since 21.12.2025, this Court is inclined to enlarge the petitioner on bail 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 for a like sum each to the satisfaction of the learned Additional Mahila Metropolitan Magistrate, Egmore, Chennai, and subject to the following conditions:

[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 is directed to stay at Pudhukottai and report before the Inspector of Police, Annavasal Police

Station, Pudhukottai twice a day at 10.30 a.m. and 05.30 p.m. 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 take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

8. It is made clear that no petition seeking relaxation of the above conditions shall be entertained within a period of sixty (30) days from the date of release of the petitioner.

18-03-2026 NSL 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 Additional Mahila Metropolitan Magistrate, Egmore, Chennai.

2. Central Prison, Puzhal.

3. The Inspector of Police, W-38, AWPS - Kolathur, Chennai.

4.The Inspector of Police, Annavasal Police Station, Pudhukottai

5. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 18-03-2026