Karthick v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2025
CORAM
THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR 1.Karthick 2.Ganeshkumar ... Petitioners Vs.
The State represented by, The Inspector of Police, Redhills Police Station, Thiruvallur District.
(Crime No.467 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.467 of 2025 on the file of the respondent Police. For Petitioners :
Mr.V.Vijayakumar For Respondent :
Mr.R.Vinothraja Government Advocate (Criminal Side)
O R D E R
The petitioners, who were arrested and remanded to judicial custody on 29.06.2025 for the offences punishable under Section 310(4) of BNS, in Crime No.467 of 2025 on the file of the respondent police, seeks bail. 1/5
2. The case of the prosecution is that the petitioners along with other accused unlawfully assembled and were making preparations for committing dacoity. Hence the case.
3. The contention of the learned counsel appearing for the petitioners is that the petitioners are innocent persons and have been falsely implicated in this case, since they have got previous cases. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for granting bail to the petitioners stating that there are totally three accused in this case, the first petitioner/A3 is having 3 previous cases and petitioner/A4 is having one previous pending against them.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, the submission made by the learned counsel appearing on either side and taking note of the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail on 2/5
their executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No.II, Ponneri, 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 petitioners shall report before the respondent Police everyday at 10.30 a.m., for a period of thirty days and thereafter, as and when required for interrogation;
[c] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioners 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 petitioners in accordance 3/5
with law as if the aforementioned conditions have been imposed and the petitioners 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.
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1. The Judicial Magistrate No.II, Ponneri.
2. The Inspector of Police, Redhills Police Station, Thiruvallur District.
3. The Superintendent, Central Prison, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras.
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M.NIRMAL KUMAR, J.
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