A.Karuppusamy v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.Nos.18486 and 18517 of 2025 A.Karuppusamy ... Petitioner/A8 in both Crl.O.Ps. Vs.

State rep. by The Inspector of Police, Kangayam Police Station, Tiruppur District.

... Respondent in both Crl.O.Ps.

COMMON PRAYER : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail concerned in Crime Nos.1325 of 2021 and 2259 of 2020 in S.C.Nos.195 and 194 of 2024, respectively, on the file of the learned Sessions Judge, Magalir Neethimandram (FTMC), Tiruppur.

For Petitioner :

Mr.R.Loganathan in both Crl.O.Ps.

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For Respondent :

Mr.R.Vinothraja in both Crl.O.Ps.

Government Advocate (Crl.Side) COMMON ORDER The petitioner, who is facing trial in S.C.Nos.195 and 194 of 2024, respectively, on the file of the learned Sessions Judge, Magalir Neethimandram (FTMC), Tiruppur, for the offence punishable under Sections 109, 395, 396, 120(B) and 302 of I.P.C. in connection with Crime Nos.1325 of 2021 and 2259 of 2020, respectively, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused trespassed into the de-facto complainant's house and committed theft of gold jewels and cash and also murdered the parents of the de-facto complainant. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the 2/8

prosecution. He further submitted that the co-accused/B.Kannan has been granted bail by this Court on 11.07.2025 in Crl.O.P.No.19038 of 2025. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner along with other accused trespassed into the de-facto complainant's house and committed theft of gold jewels and cash and also murdered the parents of the de-facto complainant. In the above two crime numbers, the petitioner is ranked as A8. He further submitted that the prosecution earlier filed a petition seeking reinvestigation before the learned I Additional Sessions Judge, Erode, which was returned. Thereafter, the prosecution approached this Court by filing Crl.R.C.No.1019 of 2025. This Court, by the order dated 08.07.2025, directed re-investigation. This Court, considering the order passed in Crl.R.C.No.1019 of 2025, had 3/8

granted bail to the co-accused/B.Kannan in Crl.O.P.No.19038 of 2025 on 11.07.2025. He further submitted that in this case, investigation completed, now re-investigation ordered.

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

6. Considering the submissions made and on perusal of the material, it is seen that this Court had directed the transfer of investigation in the above cases to the file of the Investigation Officer, CBCID, Chennai and further ordered de novo investigation. Further, the co-accused was already granted bail by this Court. In view of the same, 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) in each case with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Magalir Neethimandram (FTMC), Tiruppur and 4/8

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 appear before the trial Court on all hearing dates without fail;

[c] the petitioner shall make himself available for 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 5/8

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. 18.07.2025 rsi 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.

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To 1.The Sessions Judge, Magalir Neethimandram (FTMC), Tiruppur.

2.The Inspector of Police, Kangayam Police Station, Tiruppur District.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

rsi Crl.O.P.Nos.18486 and 18517 of 2025 18.07.2025 8/8