Karthi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Karthi, S/o.Anbumani, ..Petitioner/ Accused No.13 Vs The State of Tamilnadu rep.by The Inspector of Police, Austinpatti Police Station, Madurai City.

(Crime No.70 of 2025) .. Respondent/Complainant For Petitioner : M/s.J.Sivakumar Advocate For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.70 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.13, who was arrested and remanded to judicial 1/6

custody on 29.03.2025 for the offences punishable under Sections 103 of BNS @ 103, 191(2), 191(3), 190, 127(2), 61(2), 49 of BNS in Crime No.70 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that one Meenakshi, who is the wife of the deceased Glamour Kali lodged a complaint before the respondent police stating that she is the wife of the deceased and resides at MMC Colony, Avaniyapuram, Madurai. She has two daughters, namely Thuvaraka and Priya. The deceased had two wives; the first wife resides with her mother-in-law at Mela Anuppanadi, Madurai. The deceased, Glamour Kali, was involved in several criminal cases, including murder case, and was an associate of one V.K.Gurusamy. There was a long standing enmity between the group of V.K.Gurusamy and that of Rajapandi, which had led to several retaliatory murders in the area. While so, on 22.03.2025, at about 06.00p.m. the deceased visited the defacto-complainant and left her residence at around 8.30pm. On the same day, at about 09.45p.m.

the deacto-complainant received information that her husband had been murdered near the Muniswaran Temple. She immediately rushed to the spot and found that her husband had sustained severe injuries and died at the scene.

28.03.2025, the respondent police secured the accused, namely Bala @ Balakrishnan. He gave a confession statement before the respondent police detailing the roles of other accused persons. Hence, the case.

3. The learned counsel for the petitioner would submit that there are totally sixteen accused persons, this petitioner was arrayed as accused No.13. This petitioner is a practising advocate. The respondent police has lodged a false complaint against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. 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 29.03.2025 nearly 110 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that A9 to A14 and A16 were conspired together and instigated the other accused. Pursuant to this, A1 to A4 brutally assaulted the deceased with lethal weapons, resulting his death. They also completed disfigured his face. In this case, investigation completed and the charge sheet has also been filed and the same was taken on file in PRC.No.78 of 2025 on the file Judicial Magistrate, Thirumangalam. There is no 3/6

previous case against this petitioner. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, investigation has been completed charge sheet has also been filed and the same was taken on file in PRC.No.78 of 2025 on the file of the learned Judicial Magistrate, Thirumangalam, there is no previous case agianst this petitioner, the petitioner/accused No.13 remanded into judicial custody on 29.03.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

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 learned Judicial Magistrate, Thirumangalam 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 learned Judicial Magistrate, Thirumangalam. If the petitioner changes his 4/6

residential address, he shall report the same to the learned Judicial Magistrate, Thirumangalam;

[c] the petitioner shall stay at Salem and appear and sign before the Inspector of Police, Shevapet Police Station, Salem District daily twice at 10.00 a.m., and 05.00p.m. except on hearing dates, until further orders; and also the petitioner shall appear and sign before the concerned trial Court on hearing dates. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 17/07/2025 / TRUE COPY / 17/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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GVN TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI DISTRICT.

4 THE INSPECTOR OF POLICE, AUSTINPATTI POLICE STATION, MADURAI DISTRICT.

5 THE INSPECTOR OF POLICE, SHEVAPET POLICE STATION, SALEM DISTRICT.

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

+1. CC to J.SIVAKUMAR Advocate SR.No.7719 (I) DT.17/07/2025

ORDER

IN CRL OP(MD) No.11638 of 2025 Date :17/07/2025 NM/17.07.2025/ 6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6