← Library
Madras High CourtCRL A(MD)/31/2025allowed

R.Karthikeyan v. The State Of Tamil Nadu

2025-02-14Honourable Mr Justice B.Pugalendhi5 pages

CRL A(MD) NO. 31 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14-02-2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI CRL A(MD) NO. 31 of 2025 R.Karthikeyan S/o Raji, No. 6/77 Thirumanagar, MR Palayam, Sanamangalam Post, Manachanallur taluk, Trichy District.

Appellant(s) Vs 1.The State of Tamil Nadu Rep by The Deputy Superintendent of Police, Lalgudi Sub Division, Trichy District.

2.The Inspector of Police, Siraganur Police Station, Trichy District.

[Crime No.187 of 2024] 3.Nithyanandhan Respondent(s) For Appellant(s):

B.Jameelarasu Paul Murugesh.S Ramakrishnan.S Mohammed Riyaz.R For Respondent(s): Mr.P.Kottaichamay Government Advocate for R1 and R2 S.Muthukrishnan for R3

ORDER

The petitioner is an accused in Crime No.187 of 2024 on the file of the respondent police, which has been registered for the offences under Sections 126(2), 296(b), 351(2) of the BNS Act r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ ST (POA) Amendment Act, 2015, as if this petitioner has intimidated the de facto complainant in crime No.137 of 2023 on 15.08.2024. The de facto complainant's father, one Shanmuga Sundaram, was

murdered on 30.4.2023 for which a criminal case was registered in crime No.137 of 2023 and this petitioner was also shown as an accused in the said case. This petitioner is said to have intimidated the de facto complainant in crime No.137 of 2023 Hence this case. 2.The application filed by this appellant seeking bail before the trial court in CrlMP.No. 46 of 2015 was dismissed by order dated 07.01.2025 and therefore, the appellant has preferred this appeal.

3.The learned counsel for the appellant submits that this appellant was arrested on 20.12.2024 and he is in jail for the past 54 days. He further submits that the trial in SC.No.62 of 2023 (Crime No.137 of 2023) has not commenced. The de facto complainant has filed an application for further investigation and that was dismissed by the trial court, against which he has filed a revision petition before this Court in CrlRC No.710 of 2024 and has obtained an order of interim stay on 01.08.2024. When the trial in SC No.62 of 2023 has been stayed at the instance of the de facto complainant on 01.08.2024, the question of intimidating the de facto complainant on 15.08.2024 does not arise at all. Therefore, the learned Counsel prayed that the appellant be enlarged on bail. 4.This Court considered the rival submissions made and also perused the materials placed on record.

5.Considering that the investigation in crime No.187 has been completed and the ground raised by the petitioner that the trial in SC No.62 of 2023 has been stayed by this Court on 01.08.2024, this court is inclined to grant bail to the appellant. Accordingly, the appellant is ordered to be released on bail on the following conditions:-

i) The appellant shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties each for a like sum to the satisfaction of the learned I Additional District and Sessions Judge, (PCR), Trichy. ii) The appellant and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The appellant shall stay at Tiruppur and report before Tiruppur South Police Station, daily at 10.30 am until further orders except on hearing dates before the trial Court.

iv) The appellant shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.

v) On violation of any of the above conditions by the appellant, the respondent police shall move an application for cancellation of bail. In the result, this criminal appeal is allowed. The order dated 07.01.205 passed in CrlMP.No.46 of 2025 by the learned I Additional District and Sessions Judge, (PCR), Trichy is set aside.

14-02-2025 DSK To

1. The Deputy Superintendent of Police, Lalgudi Sub Division, Trichy District.

2. The Inspector of Police Siraganur Police station, Trichy District.

3.The I Additional District and Sessions Judge (PCR) Trichy.

4.The Superintendent, Central Prison, Trichy.

5. Nithyanandhan S/o Shanmugasundaram, Sai Baba Kovil Opposite, MR Palayam, Sanamangalam Post, Manachanallur taluk, Trichy District.

B.PUGALENDHI, J., dsk CRL A(MD) NO. 31 of 2025 14.02.2025