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Madras High CourtCRL OP/23321/2025granted

Karthi, v. The State Rep By, Inspector Of Police,

2025-08-22Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Karthi ... Petitioner Vs.

The State Rep. by:

The Inspector of Police, Komaralingam Police Station, Tiruppur.

(Crime No.119 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with Crime No.119 of 2025 on the file of the respondent police. For Petitioner :

Mr.R.Prabakar For Respondent :

Mr.L.Baskaran Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 19.06.2025, for the offence punishable under Sections 331(6), 296(b) & 1/5

109 of BNS, 2023, in Crime No.119 of 2025, registered on the file of the respondent, seeks bail.

2. According to the prosecution, the defacto complainant's son had eloped with the wife of the petitioner. In this connection, there was a quarrel between the petitioner and the defacto complainant on 18.06.2025. During the said quarrel, the petitioner attacked the defacto complainant with knife, causing head injury. The injured person was admitted in the hospital on the same day and got discharged after three days. Hence, the present complaint.

3. The learned Government Advocate (crl.Side) appearing for the respondent police opposed the grant of bail to the petitioner and submitted that the medical opinion of the doctor indicates that the injuries are grievous in nature. He further submitted that on completion of investigation, final report has been filed on 17.08.2025.

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

5. Considering the said fact, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 2/5

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 District Munsif cum Judicial Magistrate, Madathukalam 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 attend the trial without fail;

[c] 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];

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[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 22.08.2025 rpl 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.

To 1.The District Munsif cum Judicial Magistrate, Madathukalam 2.The Inspector of Police, Komaralingam Police Station, Tiruppur.

3.Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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rpl 22.08.2025 5/5