Karthick v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Karthik ..Petitioner Vs The State rep by:

The Inspector of Police, R-5 Virugambakkam Police Station, Chennai.

..Respondent Prayer: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023, to enlarge the petitioner on bail in S.C. No. 15 of 2024 in Crime No.204 of 2023 on the file of X Additional Sessions Judge, Chennai. For Petitioner:

Mr. C. Jagan For Respondent:

Mr. N. Palanivel, Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 12.11.2025 for the alleged offences under Sections 294(b), 452, 302, 506(ii) of IPC in S.C.No.15 of 2024 on the file of the learned X Additional Sessions

Judge, Chennai in Crime No.204 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that the petitioner is facing trial in S.C.No.15 of 2024 on the file of the learned X Additional Sessions Judge, Chennai. He further submitted that the petitioner was regularly appearing before the trial Court on all hearing dates. However, due to illness, he was unable to appear before the trial Court, due to which, a non-bailable warrant was issued against him on 24.07.2025 and pursuant to the same, he was arrested on 12.11.2025. He also submitted that the petitioner undertakes to appear before the trial Court on all hearing dates without fail and will cooperate for the speedy conduct of the trial. Hence, he prayed for the grant of bail to the petitioner.

3. The learned Government Advocate (Crl.Side) appearing for the respondent, while objecting to the grant of bail, submitted that the non-bailable warrant was issued against the petitioner on 24.07.2025 and executed on 12.11.2025.

4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record, though, the previous application was dismissed as

the petitioner could stall the trial, from the submissions made by the learned Govt Advocate (Crl.Side), it is clear that as of today, no witnesses were examined since his remand dated 12.11.2025. Hence, considering the peculiarity of the case and from the fact that no witnesses were examined since 12.11.2025 till date, and the petitioner was remanded to custody only in furtherance of issuance of NBW by the learned X Additional Sessions Judge, Chennai, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

5. 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 X Additional Sessions Judge, Chennai, 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 concerned Court daily at 10.30 a.m., until completion of the trial; [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.

01-06-2026 SHL 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 X Additional Sessions Judge, Chennai.

2.The Inspector of Police, R-5 Virugambakkam Police Station, Chennai.

3. The Superintendent, Puzhal Jail, Chennai 4.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

SHL 01-06-2026