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Madras High CourtCRL OP(MD)/1775/2025allowed

Karthick @ Karthikeyan v. The State Of Tamil Nadu

2025-01-30Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] Date : 30.01.2025 PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH Karthick @ Karthikeyan ... Petitioner/A2 Vs The State of Tamilnadu Rep. by Inspector of Police, Pudukkottai Town Police Station, Pudukkottai.

(Crime No.334 of 2024) ... Respondent/Complainant For Petitioner : Mr.D.Rameshkumar, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.334 of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner / A2, who was arrested and remanded to judicial custody on 25.12.2024 for the alleged offence under Section 303(2) of BNS, in Crime No.334 of 1/4

2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused persons had stolen lorry axial rod, brake disc and other accessories and attempted to sell the same in a scrap shop by which time the accused persons were caught red handed. There are 2 accused persons. The petitioner has been arrayed as A2.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Taking into consideration the facts and circumstances of the case and considering the fact that the stolen articles have been seized and the petitioner has suffered incarceration from 25.12.2024 and there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Pudukottai 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.

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[b] the petitioner shall appear before the respondent police on every Monday and Friday at 10.30 a.m., for a period of 4 weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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 of BNS, 2023.

sd/- 30/01/2025 / TRUE COPY / 30/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

JEN TO 1 THE JUDICIAL MAGISTRATE NO.I, PUDUKKOTTAI.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

4 THE INSPECTOR OF POLICE, PUDUKKOTTAI TOWN POLICE STATION, PUDUKKOTTAI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.1775 of 2025 Date :30/01/2025 SA/SAR. /30.01.2025/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4