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Madras High CourtCRL OP/31281/2025granted

V.Karthik v. The State Rep By, The Sub Inspector Of Police,

2025-11-19Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR V.Kathik ... Petitioner Vs.

State By, The Sub Inspector of Police, Dhavantri ( D Nagar) Police Station, Pondicherry.

Crime No.253 of 2024 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of their arrest in Crime No.253 of 2024 on the file of the respondent police.

For Petitioner :

Mr.Ezhil Balaji For Respondent :

M/s. M.V.Ramachandra Murthy Public Prosecutor, Puducherry

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 118(1), 3(5), 351(3) of 1/5

BNS, 2023 and thereafter altered into Sections 296(b), 118(1), 109(1), 351(3) read with Section 3(5) of BNS, 2023 in Crime No.253 of 2024, on the file of the respondent Police, seek anticipatory bail.

2. It is seen that the earlier anticipatory bail petitions filed by the petitioner was dismissed by this Court in Crl.O.P.No.18501 of 2025 on 14.07.2025 by stating the following reasons:

Considering the above facts and circumstances of the case, taking note of the submission made by the learned Government Advocate (Crl. Side), considering the fact that four previous cases were pending against the petitioner and also considering that this is the 4th anticipatory bail application and there is no change in circumstances in this case, this Court is not inclined to grant anticipatory bail to the petitioner. Now, it is reported by the learned Public Prosecutor (Puducherry) that already final report has been filed and the same has been taken cognizance by the learned Judicial Magistrate No.I, Puducherry and summons were issued against the petitioner. The Court has issued summons for his appearance and since it is the offence under Section 307 of IPC, obtaining bail is mandatory, at the time of committal proceedings.

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3. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners with certain conditions.

4. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Puducherry on condition that each of the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, 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;

[c] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter as and when required for 3/5

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. 19.11.2025 sma To 1.The Judicial Magistrate No.I, Puducherry.

2.The Sub Inspector of Police, Dhavantri ( D Nagar) Police Station, Pondicherry.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 19.11.2025 5/5