Karthick Alias Kulla Karthick v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Karthick @ Kulla Karthick ... Petitioner /A10 Vs.

State rep. by The Inspector of Police, Poonamallee Police Station, Chennai.

Crime No. 996 of 2024.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.996 of 2024 pending on the file of the Respondent police. For Petitioner :

Mr.G.Ezhilbalaji For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 02.05.2025 for the offence punishable under Sections 132, 351(2) of BNS 2023 & TN Public Property (Prevention of Damage & Loss) Act, 1992, in connection with Crime No.996 of 2024, registered on the file of the respondent, seeks bail. 1/6

2.The case of the prosecution is that the defacto complainant, Krishnaraj, Superintendent at Special Sub Jail, Poonamallee lodged a complaint with the respondent police alleging that on 11.12.2024, while he was conducting an enquiry at the prison, the accused persons quarrelled with him, demanded beedi and other items and upon refusal, damaged the CCTV camera and obstructing him from performing his duties, leading to the filing of the complaint and the present case.

3.The contention of the petitioner is that the for the occurrence which was alleged to happened on 11.12.2024 in the Special Sub Jail, Poonamallee, FIR was registered on 12.12.2024 and arrested the petitioner on 02.05.2025. As regards to A1, A2, A3 & A8, have been arrested and released on bail by this Court in Crl.O.P.Nos.16621, 16244, 16897 & 16904 of 2025 vide order dated 16.06.2025.

4. Learned Government Advocate (Crl. Side) submitted that the petitioner along with other accused persons unnecessarily attacked the prison staff and also damaged CCTV camera. He further submitted that the FIR was registered 2/6

only for the IPC offences and no prison offences have been included so far.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7. 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 XVI Metropolitan Magistrate, GT, 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 respondent Police as and when required for interrogation;

[c] the petitioner shall make himself available for 3/6

interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

25.06.2025 gbi 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 4/6

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 XVI Metropolitan Magistrate, GT, Chennai

2. The Inspector of Police, Poonamallee Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal Chennai.

4. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

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