Karnan @ Karunagaran vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 10.10.2025 for the alleged offence punishable under Sections 302, 392, 397 and 414 of IPC, in Crime No.185 of 1995 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that the petitioner is facing prosecution for the offences under Sections 302, 392, 397 and 414 of IPC.

Learned counsel appearing for the petitioner submitted that the offence is of the year 1995 and that the petitioner was not aware of the registration of the case against him. He further submitted that a final report was filed in the year 2003 and without serving summons to the petitioner and the case was pending for long time. Thereafter, the case was split up against the other accused in this case. He further submitted that the petitioner was arrested on 10.10.2025 and that the father’s name and other particulars mentioned in the final report was not tally with the petitioner herein. He further submitted that though the case was stated to have been committed to the Sessions Court, it was not taken on file. Hence, he prays to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner was absconding earlier and therefore absconding charge sheet was filed, to the split up case, which was pending in S.C. No.227 of 2025 has been disposed off. He further submitted that the present case is still not yet committed. Hence, he opposed to grant bail to the petitioner.

Considering the fact that it is the case of absconding charge sheet and it is also stated that the name of the petitioner is also differ, the submission of the learned counsel that the case has been committed to the Sessions Court, considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.3, Thirupathur, 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 report before the concerned Court daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness 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 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];

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