M.Karthik v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.34282 of 2025 M.Karthik Petitioner Vs The State Represented by The Inspector of Police, Banavaram Police Station, Ranipet District - 632505 Crime No.179 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.179 of 2025 on the file of the respondent police. For Petitioner:
Mr.N.R.Elango, Senior Advocate for A.S.Aswin Prasanna For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner who was arrested and remanded to judicial custody
on 26.06.2025 for the offences punishable under Sections 126(2), 296(b) and 103(1) of BNS, 2023 @ under Sections 61(2), 126(2), 296(b), and 103(1) of BNS, 2023 in Crime No.179 of 2025 on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that the petitioner is ranked as A5. It is alleged that A1 had previous enmity with the deceased in this case on suspicion that the deceased was the root cause for separation of A1's wife and was also a cause for the trouble in the matrimonial life. A1 conspired with A7 and accordingly A7 paid a sum of Rs.20 lakhs through A5 for the purpose of murdering the deceased. Accordingly, the petitioner engaged A4, who is his henchman and A1 to A4 went to the place of occurrence, waylaid the deceased and attacked him with deadly weapons and caused his murder. Subsequent to the arrest of A1 it revealed that the petitioner has contributed a sum of Rs.20 lakhs for committing murder of the deceased in this case. Hence, the case.
3. Earlier, this Court dismissed the bail petition filed by the petitioner in Crl.OP.No.28676 of 2025 dated 22.10.2025 on the following reasons:
"I have considered the earlier order, granting bail in favour of A7, the overt act attributed to the present petitioner and it is specifically stated that the petitioner had collected a huge sum of money from A1 and A7 for the purpose of committing the murder, and that he, in turn, engaged the other accused who are hirelings to carry out the offence at his instance. Hence, this Court is not inclined to grant bail to the petitioner."
4. Now, the learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 26.06.2025 and that the petitioner has no previous case pending against him. Hence, he prays to grant bail to the petitioner.
5. Learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioner has no previous case and that the investigation is completed and the final report is filed and, he opposed to grant bail to the petitioner.
6. Considered the submissions made by the learned counsel on either side, the fact that the petitioner was only assisted with other accused to commit murder and he has not directly involved in attacking the deceased, the petitioner has no previous case and considering the period of his incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on
his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sholinghur, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the concerned Court daily at 10.30 a.m., for a period of three weeks.
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with
law as if the 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)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
19.12.2025 drl Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To 1.The Judicial Magistrate No.II, Sholinghur.
2.The Inspector of Police, Banavaram Police Station, Ranipet District - 632505 3.The Superintendent, Central Prison, Vellore.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.34282 of 2025 19.12.2025