Karthik @ Karthikeyan v. State By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Karthik @ Karthikeyan S/o. Gajapathy, No.18/18,2nd Street, Kandhasamy Nagar, Maduravoyal, Chennai- 600 095

2. AKASH S/o. Munusamy, No.5, Othawadai Street, Mettukuppam, Nerkundram, Chennai- 600 107

3. DINESHKUMAR S/o. Periyasamy, No.39, Pillayar Koil Street, Mettukuppam, Maduravoyal, Chennai- 600 095 Petitioner(s) Vs

1. State By Inspector of Police, T4-Maduravoyal Police Station, Chennai. Crime No. 699 of 2025.

Respondent(s) PRAYER To enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime.No. 699 of 2025 on the file of Inspector of Police, T4-

Maduravoyal Police Station, Chennai or on their appearance before the concerned court and thus render justice.

For Petitioner(s):

Sasikumar S For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS in Crime No. 699 of 2025, seeks anticipatory bail.

2. The allegation against the petitioners is that due to quarrel between the parties, the petitioners attacked the defacto complainant and caused grievous injuries and also attempted to commit murder. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the defacto complainant is the aggressor party and they only attacked the petitioners herein. Hence in retaliation only they attack the injured with stones and wood. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned counsel for the intervener submitted that severe injuries were caused to the defacto complainant and he suffered multiple injuries and even now the defacto complainant is facing life threat. Hence, opposed to grant

anticipatory bail to the petitioners.

5. The learned Government Advocate (Crl.Side) appearing for the respondent police reported that now the case has been altered and attempt to murder under section 109 of BNS is also added as one of the section in the FIR. He further submitted that the injured discharged from the hospital and the petitioners are not having any previous case. However, he opposed to grant anticipatory bail to the petitioners.

6. Considering the nature of the allegation and also manner of the occurrence taken place, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Poonamallee, on condition that the petitioner shall execute a separate 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 Magistrate concerned, and on further condition:

(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 identify proofs to ensure their identity;

(c) The petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

03-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa To 1.State By Inspector of Police, T4-Maduravoyal Police Station, Chennai. Crime No. 699 of 2025.

2.The Judicial Magistrate-II, Poonamallee.

3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 29116 of 03-11-2025