S.Karthikeyan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Karthikeyan S/o.Sekar ..Petitioner/Sole Accused Vs State of Tamilnadu The Inspector of Police, Aranthangi Police Station, Pudukottai District.

(Crime No.301 of 2025) .. Respondent/Complainant For Petitioner : Mr.R.Venkateshwar Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.301 of 2025 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 11.07.2025 for the offences punishable under Sections 108,238,303(2), 318(4) of BNS, 2023, in crime No.301 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 10.07.2025 at about 11.30 a.m. alleging that his son one Sankarnarayanan committed suicide on 10.07.2025 and further the petitioner and his deceased son are close friends. While this was so, the defacto complainant's son collected money from his friend's Sivasurya and Nanthakumar and gave it to the petitioner for sending those persons to abroad but the petitioner has not taking any steps. Hence the above said Sivasuriya and Nanthakumar continuously harassed the deceased. While so, on 10.07.2025 at about 09.30 AM the petitioner came to the deceased house and asked about the deceased. Therefore, one Karthika who is the relative of deceased opened the door/and recovered the deceased body from hanging with the help of the petitioner. Further, the petitioner took his deceased son's mobile phone in order to delete evidence and cheated him. Hence, the complaint.

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3. The learned counsel for the petitioner submitted that the petitioner has never committed offence alleged by the respondent police and he has falsely implicated in the present case. He would further submit that the petitioner is in custody from 11.07.2025. Hence, he seeks bail.

4.The learned Additional Public Prosecutor submitted that his son one Sankarnarayanan committed suicide on 10.07.2025 and further the petitioner and his deceased son are close friends. While this was so, the defacto complainant's son collected money from his friend's Sivasurya and Nanthakumar and gave it to the petitioner for sending those persons to abroad but the petitioner has not taking any steps. Hence the above said Sivasuriya and Nanthakumar continuously harassed the deceased. While so, the petitioner came to the deceased house and asked about the deceased. Therefore, one Karthika who is the relative of deceased opened the door/and recovered the deceased body from hanging with the help of the petitioner. Further, the petitioner took his deceased son's mobile phone in order to delete evidence and cheated him. However, he opposed for grant of bail to the petitioner. 5.Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the 3/6

petitioner, subject to the following conditions:- 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court, Aranthangi, Pudukottai 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 Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall make deposit of Rs.2,00,000/- (Rupees Two Lakhs only) to the credit of Crime No.

301 of 2025, without prejudice to his defence before the trial Court; and on such deposit being made, the learned Judicial Magistrate Court, Aranthangi, Pudukottai District,shall accept the sureties furnished by the petitioner; the learned Judicial Magistrate Court, Aranthangi, Pudukottai District, shall deposit the said amount as fixed deposit in a Nationalized Bank and the entitlement of the said amount will be decided at the time of disposal of the main case.

[c]the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

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[d]the petitioner shall not tamper with the 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 Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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/- 03/09/2025 / TRUE COPY / 03/09/2025 Sub-Assistant Registrar (C.S - II) Madurai Bench of Madras High Court, Madurai - 625 023.

RJR TO 1 The Judicial Magistrate, Aranthangi, Pudukottai District, 2 Do Through the Chief Judicial Magistrate, Pudukkottai District.

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3 The Officer Incharge, District Jail, Pudukottai 4 The Inspector of Police, Aranthangi Police Station, Pudukottai District.

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

ORDER

IN CRL OP(MD) No.14499 of 2025 Date :03/09/2025 AS/03.09.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6