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Madras High CourtCRL OP/31090/2025granted

Karthik @ Karthik Kumar v. State Rep By Inspector Of Police

2025-11-14Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Karthik @ Karthik Kumar Petitioner(s) Vs State Rep By Inspector of Police K-10, CMBT Police Station, Chennai -600107. (Cr. No - 595/2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the Petitioner on Anticipatory Bail in the event of the petitioner arrest by the respondent police in Crime No.595 of 2025 on the file of Respondent Police.

For Petitioner(s):

Mr.Joel Nitheesh J For Respondent(s):

Mr.S.Udaya Kumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 316(2) and 318(4) of BNS, in Cr.No.595 of 2025 on the file of the respondent police seeks anticipatory bail.

2.The allegation against the petitioner is that the petitioner/A6, along with others, received the defacto complainant's car under the pretext of a Rs.5 lakh loan, paid only Rs.2 lakhs, and cheated the defacto complainant by not paying the balance or returning the car. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner did not receive the car, promise a loan, or cheat the defacto complainant and he has been falsely implicated in this case, hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) for the respondent reported that the car is recovered from another accused, and investigation

reveals the petitioner received part of the amount, adding him as A6. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Considering the submissions made on both sides, the car is recovered from other accused, I am of the view that custodial interrogation of the petitioner is not necessary. Accordingly, 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, before the learned Vth Metropolitan Magistrate, Egmore, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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.

14-11-2025 gbi

To 1.State Rep By Inspector of Police K-10, CMBT Police Station, Chennai -600107. (Cr. No - 595/2025) 2.The Vth Metropolitan Magistrate, Egmore, Chennai.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 31090 of 14-11-2025