Karthik v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.33478 of 2025 Karthik ... Petitioner/ Accused Vs The State Rep. By, The Inspector of Police, T-17, Perumbakkam Police Station, Chennai-600 131. (Crime No.47 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent in Crime No.47 of 2025 on the file of the respondent police.

For Petitioner : Mr. R.Jayaprakash For Respondent : Ms.J.R.Archana Government Advocate (Crl.Side) ******

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 305(b) of BNS, in Crime 1/5

No.47 of 2025 on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner while working with the defacto complainant, had gained his trust and on 16.12.2024 when the defacto complainant proceeding to Visakhapattinam and was desperate to sell 100 grams of gold bar available with him and this petitioner has volunteered to sell the same and collected the same and subsequently failed to return back the same. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not collected any gold bar as alleged in this case and he was falsely implicated in this case and he was not involved in the above said offence. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court, hence sought for anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the anticipatory bail, reiterated the prosecution case and submitted that totally two accused were involved in this case and the petitioner is a driver and taking advantage of the 2/5

relationship with the defacto complainant, he collected the gold bar with a promise of selling it and give the money. However, after collecting the money, switched of his cell phone and absconded. Earlier, the petition enquiry was conducted in this regard and after conducting petition enquiry and after issuing notice to the petitioner herein, FIR was registered and the investigation in this case is pending and in the investigation, it revealed that the petitioner has collected gold barsand the property is not yet recovered. Hence, he opposed for the grant of anticipatory bail to the petitioner. 5.Considering the nature of the allegations and also the fact that the property is not yet recovered, this Court is not inclined to allow this Criminal Original Petition.

6.Accordingly, this Criminal Original Petition is dismissed. 08.12.2025 gbi 3/5

To

1. The Inspector of Police, T-17, Perumbakkam Police Station, Chennai-600 131.

2. The Public Prosecutor, High Court of Madras. 4/5

K. RAJASEKAR, J.

gbi Crl.O.P. No.33478 of 2025 08.12.2025 5/5