Karthik Alias Jailer Karthik v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.12673 of 2025 Karthick @ Jailer Karthick S/o. Nagaraj ... Petitioner / Accused-1 Vs.

The State represented by:

The Inspector of Police, M-5 Ennore Police Station, Tiruvallur District.

(Crime No.952 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.952 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr. E. Gopalakrishnan 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/accused, who was arrested and remanded to judicial custody on 20.03.2025, seeking bail in Crime No.952 of 2024 registered for the offences under Sections 191(1), 191(3), 126(2), 296(b), 115(2), 311 and 351(3) of B.N.S. 1/5

2. The case of the prosecution is that the petitioner along with other accused waylaid the defacto complainant, demanded money; that when the same was refused by him, the accused persons abused him in filthy language and robbed Rs.2,500/- from the defacto complainant at knife point; and that they also threatened the defacto complainant of dire consequences. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that he has been falsely implicated in this case; that the petitioner is in custody from 20.03.2025; and that further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner has other previous cases, in which, he is on bail. He further submitted that in this case, the petitioner was granted bail earlier and the bail was cancelled as he had not complied with the condition and investigation was completed. 2/5

5. Considering the aforesaid facts, nature of allegations, period of incarceration, the petitioner is on bail in other previous cases and that since further custody is not required for the purpose of investigation, 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 learned Judicial Magistrate, Thiruvottiyur 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 concerned, everyday 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 3/5

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.

24.04.2025 mjs To

1. The Judicial Magistrate, Thiruvottiyur.

2.The Inspector of Police, M-5 Ennore Police Station, Tiruvallur District.

3. The Superintendent of Police, Central Prison-II, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

mjs Crl.O.P.No.12673 of 2025 24 .04.2025 5/5