Karthik v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Karthik, S/o.Gopal, : Petitioner/A2 Vs The State of Tamilnadu rep.by The Inspector of Police, Orathanadu Police Station, Thanjavur District.

(Crime No.48 of 2023) .. Respondent/Complainant For Petitioner : Mr.C.Senthil Murugan, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in P.R.C.No.6 of 2023 on the file of the learned District Munsif cum Judicial Magistrate, Orathanadu in Crime No.48 of 2023 on the file of the Respondent Police.

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ORDER : This Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 05.05.2025 for the offences punishable under Sections 294(b) and 302 IPC in Crime No.48 of 2023 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused said to have committed murder. Hence, the complaint.

3.The learned counsel for the petitioner would submit that due to inconvenience, he could not appear before the trial Court and hence NBW was issued on 27.03.2025. The petitioner was arrested on 05.05.2025 and is in custody from 05.05.2025 nearly 79 days. He would further submit that the petitioner will appear before the trial Court in future without fail. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the case of the year is 2023 and posted for furnishing copies and if the petitioner is released on bail, he would abscond again and the proceedings will be stalled. Hence, 2/5

he opposed to grant bail.

5. Taking into consideration of the facts and circumstances of the case and taking note of the fact that the petitioner is not having any previous case and considering the undertaking given by the petitioner that he will appear before the trial Court regularly in future and also considering the fact that the petitioner/Accused is in judicial custody from 05.05.2025, taking into consideration of the period of incarceration, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

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, Orathanadu 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, Orathanadu. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Orathanadu ; 3/5

[c] the petitioner shall appear and sign before the respondent police daily at 10.00 a.m., except on hearing dates. On hearing dates, the petitioner shall appear before the trial Court;

[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/- 24/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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das TO 1.The Judicial Magistrate, Orathanadu.

2. Do through the Chief Judicial Magistrate, Thanjavur District @ Kumbakonam.

3.The Officer In Charge, Sub Jail, Thanjavur.

4.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

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

ORDER

IN CRL OP(MD) No.12515 of 2025 Date :24/07/2025 PS/SAR.24.07.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5