Karthick v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.05.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Karthick ... Petitioner(s) /Accused Vs.
State rep. by The Inspector of Police, Pallipalayam Police Station, Namakkal District.
... Respondent(s)/ Complainant Crime No.438 of 2016 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with Spl.CC.No.18 of 2017 on the file of the Sessions Judge, Magalir Nethi Mandram (Fast Track Mahila Court), Namakkal in Crime No.438 of 2016. For petitioner(s) : Mr.W.Camyles Gandhi For Respondent(s) : M/s.J.R.Archana Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who Page No.1 of 7
was arrested and remanded to judicial custody on 28.02.2025, seeking bail in Crime No.438 of 2016 registered for the offences under Sections 366 of IPC & Section 5(l) and 6 of POCSO Act, 2012 of BNS, 2023.
2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in Spl.CC.No.18 of 2017 on the file of the Sessions Judge, Magalir Nethi Mandram (Fast Track Mahila Court), Namakkal. He further submitted that since the petitioner was in ill-health, he was unable to appear before the trial Court, and he was issued with the non-bailable warrant on 10.08.2018 and pursuant to the same, he was arrested on 28.02.2025. He also submitted that the petitioner will undertake that hereafter he will regularly appear before the trial court on all hearing dates and also stated that he is prepared to comply with any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioner.
3. Learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the Page No.2 of 7
prosecution case.
4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.
5. Considering the period of incarceration and also considering the undertaking given by the petitioner that he is ready to co-operate for speedy disposal of the trial, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Namakkal, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Page No.3 of 7
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 respondent Police, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation;
[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.
Page No.4 of 7
09.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr/dpa 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 official website of this court will be watermarked and will also have a QR code.
To
1. The Inspector of Police, Pallipalayam Police Station, Namakkal District.
2. The Public Prosecutor, Madras High Court, Chennai.
3. Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Namakkal.
4. Central Prison, Salem.
Page No.5 of 7
L.VICTORIA GOWRI, J.
skr/dpa Page No.6 of 7
09.05.2025 Page No.7 of 7