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Madras High CourtCRL OP(MD)/11165/2025allowed

Karthikeyan v. State Of Tamilnadu Rep By Inspector Of Police, Pattukottai

2025-07-14Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.07.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Karthikeyan ... Petitioner/ Accused No.2 Vs State of Tamil Nadu through, The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.

(Crime No.311 of 2025) ... Respondent/ Complainant For Petitioner : Dr.R.Alagumani, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) PETITION FOR BAIL Under Section 483 B.N.S.S.

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PRAYER :- For Bail in Crime No.311 of 2025 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 13.05.2025 for the offences punishable under Section 194(3)(iv) BNSS, 2023 @ Sections 103(1) and 61(2) BNS, 2023 in Crime No.311 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that one Ganeshbabu and the first accused are husband and wife and that the petitioner, who is the brother of the said Ganeshbabu, had extra martial affairs with the first accused and the same was found by the said Ganeshbabu, due to which, the petitioner along with the first accused had murdered the said Ganeshbabu by crushing his neck with rope. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner and that the 2/6

petitioner was implicated only on the basis of the confession of the first accused. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 13.05.2025 nearly 62 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there are totally 2 accused, the petitioner arrayed as A2, that the petitioner along with the first accused had murdered the husband of the first accused, that the first accused is still in custody and that investigation is almost completed. He would further submit that the petitioner is not having any previous cases. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the facts that most of the investigation has been completed and that the petitioner is not having any bad antecedents and taking note of the fact that the petitioner remanded into judicial custody on 13.05.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

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6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Pattukottai, Thanjavur District 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 furnish his residential address and contact number to the Judicial Magistrate, Pattukottai, Thanjavur District. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Pattukottai, Thanjavur District;

[c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m., until further orders;

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with evidence or witness either during 4/6

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 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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 14/07/2025 / TRUE COPY / 14/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI.

4. THE INSPECTOR OF POLICE, PATTUKKOTTAI TOWN POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.DR.R.ALAGUMANI, Advocate ( SR-7512[I] dated 14/07/2025 )

ORDER

IN CRL OP(MD) No.11165 of 2025 Date :14/07/2025 PR/14.07 .2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6