Karthikeyan v. State Of Tamilnadu Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Karthikeyan ... Petitioner Vs.
The State represented by, The Inspector of Police, Thirumuruganpoondi Police Station, Tiruppur.
(Crime No.695 of 2024).
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.695 of 2024, pending investigation on the file of the respondent Police.
For Petitioner :
Mr.S.Senthilvel For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.695 of 2024 registered for the offences punishable under Sections 105 & 288 of BNS and Sections 3(a) and 5 of Explosive Substance Act, 1908, is on board for consideration. 1/4
2. The incarceration of the petitioner being from 09.10.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner is in no way connected with the alleged offence and the incident had happened only due to the negligence of the second accused, who is the brother-inlaw of the petitioner, and the petitioner's wife had also sustained burn injuries and undergoing treatment. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner along with his brother-in-law was illegally running a fire works factory without any licence and that due to their negligence, an explosion occurred and four persons died and 11 others were injured. He further submits that the investigation in this case is still pending.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner 2/4
with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Avinashi, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent Police on everyday at 10.30 a.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];
A.D.JAGADISH CHANDIRA.,J.
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ham [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
17.12.2024 ham To
1. The Judicial Magistrate, Avinashi.
2. The Inspector of Police, Thirumuruganpoondi Police Station, Tiruppur.
3. The Superintendent, Central Prison, Coimbatore.
4. The Public Prosecutor, High Court of Madras.
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