Karthi v. The State Of Tamil Nadu Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Karthi Petitioner(s) Vs The State of Tamil Nadu rep by The Inspector of Police Vedharanyam Police Station, Nagapattinam District.
Crime No.327 of 2025.
Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.327 of 2025 on the file of the respondent.
For Petitioner(s):
Mr.A. Sundara Vadhanan For Respondent(s):
Mr.A.Gopinath, GA (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 18.08.2025, for the offence punishable under Section 103(1), 49 of BNS,2023, in Crime No.327 of 2025, registered on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the deceased, Kumar, was attacked by the 1 st accused following a verbal altercation at the 1 st accused's house on August 17, 2025. The petitioner, driver of the JCB owned by the 2 nd accused, was present at the scene and abetted the occurrence along with accused No.2. After the attack, both the 1 st accused and the petitioner fled. The deceased was taken to the hospital by the defacto complainant and was declared dead. Hence the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration from 18.08.2025. Hence, he seeks for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police, submitted that A1 is detained under the Goondas Act and the petitioner herein is ranked as A3. The learned Government Advocate further
submitted that investigation in this case is at crucial stage and at this stage, if the petitioner is granted bail, there is a possibility of tampering the witnesses and hampering the investigation, thereby, he opposed for grant of bail to the petitioner.
5.
Considering the facts and circumstances of this case, and the overtact leveled against the petitioner, and also taking into account the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Vedaranyam 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 stay at Sankaran Koil and report before the Sankaran Koil Police Station, at 10.00 a.m., for a period of three months, thereafter, appear before the respondent police on every Saturday at 10.30 a.m. until further orders.
(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the 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 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
14-10-2025
gbi 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 Inspector of Police Vedharanyam Police Station, Nagapattinam District.
2. The District Munsif cum Judicial Magistrate, Vedaranyam.
3. The Sub Jail, Nagapattinam.
4. The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
gbi CRL OP No. 28056 of 14-10-2025