Karthikeyan v. State Rep By, Inspector of Police

ORDER The petitioners/Accused, who was arrested and remanded to judicial custody on 23.10.2025 for the offence punishable under Sections 319, 336(3), 338, 340(2), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) in Crime No.160 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner and other accused were arrested and remanded to judicial custody on 23.10.2025 for obtaining legal-heir certificate by impersonation and selling the property of the defacto complainant to third party. Hence, the case.

¶3Learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and has no role in the alleged offence. He would submit that the petitioner has been falsely implicated in this case. He would further submit that the petitioner was arrested and is in judicial custody from 23.10.2025. Hence, he prayed for grant of bail to the petitioner.

¶4Learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner was arrested and remanded to judicial custody on 23.10.2025 for obtaining legal-heir certificate by impersonation and selling the property of the defacto complainant to third party. Hence, he opposed to grant bail to the petitioners.

¶5Heard both sides and perused the materials available on record including the First Information Report.

¶6Considering the rival submissions made by the learned counsel on either side, the nature of the offence and also the fact that the petitioner was arrayed as accused only based on the confession statement of the co-accused, and there is property dispute between the parties, and also considering the period of his incarceration, and also considering the fact that there is no previous case pending against the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the CCB/CBCID Metropolitan Magistrate, Egmore, and on further conditions that:- [b] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders; [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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.

30.12.2025 veda/nsl Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To

1.The CCB/CBCID Metropolitan Magistrate, Egmore.

2.The Inspector of Police, FIW, Beta-10(A], Vepery, Chennai – 600 007.

3.The Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

P.DHANABAL

,J,

veda/nsl CRL.OP.No.35457 of 2025

30.12.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.12.2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP.No.35457 of 2025 Karthikeyan ... Petitioners/Accused Vs The State Rep. by Inspector of Police, FIW, Beta-10(A], Vepery, Chennai – 600 007. ... Respondent PRAYER: Criminal Original Petition filed under 483 of BNSS Act, 2023 to enlarge the petitioner on bail in Crime No. 160 of 2025 pending on the file of the Respondent police. For Petitioner : Mr.K.Selvam For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)