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Madras High CourtCRL OP(MD)/17758/2025granted

Karthick v. The State Of Tamil Nadu

2025-10-15Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.17758 of 2025 Karthick ... Petitioner/ Accused No.2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Thallakulam Police Station, Madurai City.

(Crime No.972 of 2025) ... Respondent/Complainant For Petitioner : Mr.U.Parivendan for Mr.C.Venkatesh For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.972 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 23.09.2025 for the offences punishable under Sections 191(2), 140(3), 296(b), 115(2) and 351(3) of BNS Act, Crime No.972 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that earlier, the defacto complainant had love affair with A5 and thereafter their relationship broke up. In the meanwhile, A5 called him through phone and after he came, the other accused persons snatched the defacto complainant's phone and abused him in filthy language and assaulted him with iron rod and caused simple injuries. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner was arrested and subsequently released on bail. Now he is in judicial custody from 23.09.2025 on another complaint given by the mother in law of the 2/6

petitioner. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner has no previous cases. He further submitted that there was simple injuries and A1, A5 and A7 were already granted bail. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and considering the fact that A1, A5 & A7 had already been released on bail and considering the period of incarceration suffered by the petitioner, 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.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Madurai District, and on further conditions that :- 3/6

[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 Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall report before respondent police at 5.30 p.m., for a period of two weeks and thereafter as and when required;

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d] the petitioner shall not abscond either during investigation or trial;

[e] 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 4/6

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];

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

15.10.2025 PJL To

1. The Judicial Magistrate No.2, Madurai District.

2. The Superintendent, Central Prison, Madurai

3. The Inspector of Police, Thallakulam Police Station, Madurai City.

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

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S.SRIMATHY,J.

PJL

ORDER

IN CRL OP(MD) No.17758 of 2025 Date : 15.10.2025 6/6