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Madras High CourtCRL OP/29686/2025granted

Karthick @ Karthikeyan v. The State Rep By Its, The Inspector Of Police,

2025-10-31Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Karthick @ Karthikeyan Petitioner(s) Vs The State Rep by its, The Inspector of Police, Moulivakkam Police Station, Thiruvallur District. (Cr.No.56 /2025).

Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of her arrest in the above Crime No.56 of 2025 on the file of Moulivakkam Police Station, Thiruvallur District.

For Petitioner(s):

Mr.D.Magesh For Respondent(s):

Mr.S.Udaya Kumar Government Advocate (Crl.

Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 191(2), 191(3), 126(2), 296(b), 115(2), 118(1), 351(3) of BNS, (147, 148, 341, 294(b), 323, 324, 506 of IPC) in Cr.No.56 of 2025, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that on 20th October 2025 at 9.45 p.m., two men and three women entered Jayprakash's/defacto complainant cracker shop near Kerugambakkam Bus Stand. After he refused a discount, a woman called him 'uncle' prompting him to ask her to say 'brother'. The men responded with abusive language, were asked to leave, and later returned with five others, assaulting him with stones and chairs. 3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and on account of previous enmity, a false case has been lodged against the petitioner. He further submitted that the petitioner is

ready to abide by any conditions that may be imposed by this Court and sought for anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured had sustained simple injury and discharged from this hospital. Hence, he opposed to grant bail to the petitioner.

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

6. Considering the facts and circumstances of the case, the submissions made by both counsels, and taking note of the fact that the petitioner is not having any specific overt act, the injured discharged from the hospital and I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from

the date on which the order copy made ready, before the learned Judicial Magistrate, Sriperumbudur on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:

(a) If the petitioner 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 petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on

anticipatory 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 Act.

31-10-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Rep by its, The Inspector of Police, Moulivakkam Police Station, Thiruvallur District. (Cr.No.56 /2025).

2.The Judicial Magistrate, Sriperumbudur.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 29686 of 31-10-2025