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Madras High CourtCRL OP/34048/2025granted

Karthi v. State By

2025-12-12Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR in Crl MP No.24049 of 2025 KARTHI Petitioner(s) Vs State by Inspector of Police, Veppamkuppam Police Station, Vellore District Crime No.328 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail as against the case pending on the file of the Respondent Police in Crime No.328 of 2025.

For Petitioner(s):

M/s.D.THIRUMOORTHY For Intervenor Mr.E.Kannadasan For Respondent(s):

Mr.L.Baskaran Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 14.11.2025, for the offences punishable under Sections 296(b) and 351(2) of BNS Act, 2023 and Section 3 of TNPPDL Act, in Crime No.328 of 2025, registered on the file respondent police, seeks bail.

2.The allegation against the petitioner is that due to a civil dispute, on the date of the alleged occurrence, the petitioner joining hands with other accused damaged the stone fence of the defacto complainant, abused him, and caused loss to the tune of Rs.2,00,000/-. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 14.11.2025. Hence, he prayed for grant of anticipatory bail to the petitioner. 4.

The learned counsel for the Intervenor stated that he objected to entertain the bail application on the ground that due to civil dispute the petitioner along with co-accused caused damage to the tune of Rs.2,00,000/- and he opposed to grant bail to the petitioner. 5.The learned Government Advocate (Crl.Side) for the respondent police reported that due to civil dispute, the petitioner along with co-accused damaged the stone fence of the defacto complainant and caused loss to the tune of Rs.

strongly opposed to grant bail to the petitioner. 6.

At this juncture, the learned counsel for the petitioner voluntarily submitted that the petitioner, in order to show his bonafide, is ready and willing to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.328 of 2025 without prejudice to his defence. 7.

Considering the nature of allegations, period of incarceration, and the submission that the petitioner is willing to deposit an amount of Rs.50,000/- to the credit of Crime No.328 of 2025 and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

8. Accordingly, the petitioner is directed to deposit a sum of Rs.50,000/-/- [Rupees Fifty Thousand Only] to the credit of Crime No.328 of 2025 before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail on his executing a 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 Judicial Magistrate-III, Vellore, 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 respondent Police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with 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.

12-12-2025 1/2 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

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.State by Inspector of Police, Veppamkuppam Police Station, Vellore District Crime No.328 of 2025 2.The Judicial Magistrate-III, Vellore.

3.The Central Jail, Vellore.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 34048 of 12-12-2025