← Library
Madras High Court/13102/2025allowed

Panda Karthi Alias Karthikeyan v. The State Of Tamilnadu Rep. By

2025-08-06Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Panda Karthi @ Karthikeyan, S/o.Rajendran ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Pattukkottai Police Station, Thanjavur District.

(Crime No.21 of 2017) ... Respondent/Complainant For Petitioner : M/s.Mohana Bai.M., Advocate For Responden : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.21 of 2017 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b) and 307 of IPC r/w. Section 25(1A) of Arms Act in Crime No.21 of 2017 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 12.01.2017, at about 6.00 p.m., while the de-facto complainant was talking with his friend, one Vijay, the 1st to 3rd accused approached him on a motorcycle, armed with deadly weapons, picked a quarrel with him using filthy language, and attacked him with a knife and sickles. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that the respondent police had filed a final report in P.R.C.No.18 of 2025 on the file of the learned Judicial Magistrate, Pattukottai, for the alleged offences under Sections 147, 148, 294(b), and 307 of IPC read with Section 25(1A) of the Arms Act, and that summons had been issued to the accused persons therein. He further submitted that the petitioner was not aware of the pendency of the case, as no summons had been issued to him in connection with the present case till date. Moreover, a Non-Bailable 2/6

Warrant had also been issued against the petitioner on 24.02.2025. He further submitted that the petitioner is an innocent person and is in no way connected with the alleged offence as stated by the prosecution. He has been falsely implicated in this case. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Criminal Side) submitted that there are totally seven accused persons in this case and the petitioner has been arrayed as A2. There are seven previous cases registered against the petitioner. He further submitted that a Non-Bailable Warrant was issued against the petitioner on 24.02.2025. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case, the nature of the offence, and taking note of the fact that this is the case of the year 2017, and that the entire investigation has been completed and a charge sheet has also been filed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Pattukkottai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees 3/6

Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Pattukkottai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioner 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 petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Pattukkottai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Pattukkottai;

(c) the petitioner shall stay at Chennai and sign before the Inspector of police, Triplicane Police Station, Chennai daily twice at 09.00 a.m. and 06.00 p.m., except on hearing dates, until further orders. Further, the petitioner shall appear before the concerned trial Court on hearing dates;

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

(e) the petitioner shall not abscond either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 4/6

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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 06/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.The Judicial Magistrate, Pattukkottai.

2.The Inspector of Police, Pattukkottai Police Station, Thanjavur District.

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

Copy to The Inspector of police, Triplicane Police Station, Chennai.

5/6

+1 CC to M/s.MOHANA BAI, Advocate ( SR-8618[I] dated 08/08/2025 )

ORDER

IN CRL OP(MD) No.13102 of 2025 Date :06/08/2025 PS/SAR.26.08.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6