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Madras High CourtCRL OP/23249/2025granted

Karthik v. State Represented By The Inspector Of Police,

2025-08-21Honourable Dr Justice G. Jayachandran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Karthik ... Petitioner/Accused Vs.

State Rep. by, The Inspector of Police, H-1, Washermanpet Police Station, Chennai District.

(Crime No.399 of 2025) ...Complainant/Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.399 of 2025 pending on the file of the respondent.

For Petitioner :

Mr.R.Sudhagar For Respondent :

Mr.S.Vinoth Kumar, Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who apprehend arrest at the hands of the respondent police, for the alleged offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS 2023 read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.399 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that, on 23.06.2025, at about 10:30 p.m., quarrel took place between the defacto complainant and the petitioner. It was a domestic dispute between husband and wife. The wife, who is the defacto complainant, was discharged from the hospital after receiving treatment for a simple injury.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence and he hails from a very respectable family and that there are no bad antecedents against him.

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4. Heard the learned counsels on either side and perused the materials available on record.

5. Considering the nature of the complaint and since custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 29.08.2025 before the learned XV Metropolitan Judicial Magistrate, George Town, Chennai, on condition that the petitioner shall execute 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 Magistrate concerned and on further condition that: [a] if the petitioner fails to surrender before the said Magistrate on or before 29.08.2025, this Order shall stand automatically cancelled;

[b] 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; 3/6

[c] The petitioner shall report before the respondent police as and when required for interrogation.

[d] 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 21.08.2025 bsm To,

1. The XV Metropolitan Judicial Magistrate, George Town, Chennai.

2. The Inspector of Police, H-1, Washermanpet Police Station, Chennai. 3.The Public Prosecutor, High Court of Madras. 4/6

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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Dr.G.JAYACHANDRAN, J.

bsm 21.08.2025 6/6