M. Karthi@ Karthikeyan v. The Sate Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.M.Karthi @ Karthikeyan, S/o.Mathavan 2.M.Pragatheesh, S/o.Mohan 3.A.Anand @ Anandharaman, S/o.Kumarasamy 4.R.Prabakaran, S/o.Ramakrishnan ... Petitioners/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Nachiyarkoil Police Station, Thanjavur City.

(Crime No.174 of 2025) ... Respondent/Complainant For Petitioners : Mr.Mani Maran.NA, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.174 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(1) and 140(3) of BNS, 2023 in Crime No.174 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was previous enmity between one Senthil and other accused persons with regard to the sharing of commission from the real-estate business, due to which, the accused persons abducted him and kept him in illegal custody for two days. Based on the complaint given by the wife of the said Senthil, the victim was secured. Hence, the present case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. He, however, submitted that the 2/6

petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that due to sharing of commission from the real-estate business, a dispute arose, due to which, the accused persons abducted one Senthil and detained him in illegal custody. The petitioners have been arrayed as A1, A2, A3 and A4 in this case. He further submitted that A5, A6, A8 and A9 to A13 were arrested and subsequently released on bail by this Court, and A7 has been granted bail by this Court. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also taking note of the fact that most of the co-accused have been arrested and subsequently released on bail by this Court, and one of the co-accused has been granted bail by this Court, and that as the date of occurrence is 28.04.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of 3/6

their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Kumbakonam, Thanjavur District on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.

II, Kumbakonam, Thanjavur District and on further conditions that: (a) the petitioners and 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 petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.II, Kumbakonam, Thanjavur District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.II, Kumbakonam, Thanjavur District; (c) the petitioners shall report before the respondent police daily twice i.e. at 10.30 a.m. and 05.30 p.m.

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners shall not abscond either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

Sd/- 03/07/2025 // True Copy // / /2025 Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai.

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TO 1.The Judicial Magistrate No.II, Kumbakonam, Thanjavur District.

2.Do Through the Chief Judicial Magistrate, Thanjavur District.

3.The Inspector of Police, Nachiyarkoil Police Station, Thanjavur City.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to M/s. NA. MANIMARAN. ADVOCATE(SR-7169[I] dated 04/07/2025)

ORDER

IN CRL OP(MD) No.9810 of 2025 Date : 03/07/2025 SB/23.07.2025 6P/6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6