Dismissed¶32

Karthi v. State of Tamilnadu Rep.by

Madras HC13 Jun 2025CRL OP(MD)/8974/2025

Case brief

AI extract

What is this about?

Bail application dismissed; Sec.483 BNSS 2023; Bharatiya Nyaya Sanhita, 2023 Sections 103, 191(2), 191(3), 190, 127(2), 61(2), 49; murder of Glamour Kali 22.03.2025; Crime No.70 of 2025, Austinpatti Police Station, Madurai City; petitioner Karthi alias Accused No.13; sixteen accused; group enmity V.K. Gurusamy v. Rajapandi; risk of tampering with witnesses and investigation; CRL OP(MD). No.8974 of 2025; Madurai Bench of Madras High Court; P. Vadamalai, J.; 13.06.2025.

What did the court decide?

Taking into consideration the facts and circumstances, the nature of the offence allegedly committed by the petitioner, the ongoing enmity between the two groups and the stage of the case, the Court held that if the petitioner is released on bail he may tamper with the witnesses and the investigation, and therefore declined to grant bail. ¶31

Karthi Vs State of Tamilnadu Rep.by — Murder and Culpable Homicide | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether bail should be granted to the petitioner (Accused No.13), arrested and remanded on 29.03.2025 for offences under Sections 103, 191(2), 191(3), 190, 127(2), 61(2) and 49 of the Bharatiya Nyaya Sanhita, 2023 in Crime No.70 of 2025, in a petition filed under Sec.483 of BNSS, 2023.

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Court's answer

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Ratio / Principle

The Criminal Original Petition seeking bail was dismissed.

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Detailed headnote1 paragraphs

Bail refused - CRL OP(MD). No.8974 of 2025, Madurai Bench of Madras High Court (P. Vadamalai, J.), decided 13.06.2025. Petition under Sec.483 of BNSS, 2023 by Karthi (arrayed as Accused No.13 of sixteen accused) for bail in Crime No.70 of 2025 of Austinpatti Police Station, Madurai City, concerning the murder of Glamour Kali on 22.03.2025 near the Muniswaran Temple amid a longstanding enmity between the groups of V.K. Gurusamy and Rajapandi; charges under Sections 103, 191(2), 191(3), 190, 127(2), 61(2) and 49 of the Bharatiya Nyaya Sanhita, 2023, altered during investigation after co-accused Bala @ Balakrishnan was secured on 28.03.2025 and confessed. Petitioner arrested and remanded 29.03.2025. The Government Advocate (Criminal Side) submitted there were no previous cases against the petitioner, but that A9 to A14 and A16 conspired and instigated the other accused, and A1 to A4 assaulted the deceased with lethal weapons causing death. Considering the nature of the offence, the ongoing enmity between the two groups and the stage of the case, the Court held that release would risk tampering with the witnesses and the investigation and dismissed the petition.

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CRL OP(MD). No.8974 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 13.06.2025

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PRESENT

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The HONOURABLE MR.JUSTICE P.VADAMALAI

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CRL OP(MD). No.8974 of 2025

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Karthi, S/o.Anbumani ...Petitioner/Accused No.13 Vs

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The State of Tamil Nadu, Rep by the Inspector of Police, Austinpatti Police Station, Madurai City. (Crime No.70 of 2025)

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... Respondent/ Complainant

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For Petitioner : Mr.Sivakumar, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side)

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PETITION FOR BAIL Under Sec.483 of BNSS, 2023.

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PRAYER :- For Bail in Crime No.70 of 2025 on the file of the respondent police.

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.8974 of 2025

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ORDER : The Court made the following order :-

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The petitioner / accused, who was arrested and remanded to judicial custody on 29.03.2025 for the offences under Sections 103 of the Bharatiya Nyaya Sanhita, 2023 @ Sections 103, 191(2), 191(3), 190, 127(2), 61(2) and 49 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.70 of 2025 on the file of the respondent police, seeks bail.

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The case of the prosecution is that One Meenakshi, the wife of the deceased Glamour Kali, lodged a complaint before the respondent police stating that she is the second wife of the deceased and resides at MMC Colony, Avaniyapuram, Madurai. She has two daughters, namely Thuvaraka and Priya. The deceased had two wives; the first wife resides with her mother-in-law at Mela Anuppanadi, Madurai. The deceased, Glamour Kali, was involved in several criminal cases, including murder, and was an associate of one V.K. Gurusamy. There was a long-standing enmity between the group of V.K. Gurusamy and that of Rajapandi, which had led to several retaliatory murders in the area. While so, on 22.03.2025 at about 06.00 p.m., the deceased visited the defacto complainant and left her residence at around 08.30 p.m. On the same day, at about 09.45 p.m., the defacto complainant received information that her husband had been murdered near the Muniswaran Temple. She immediately 2/5

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.8974 of 2025

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rushed to the spot and found that her husband had sustained severe injuries and died at the scene. Based on her complaint, the respondent police registered an FIR against unknown persons. During the course of investigation, the respondent police secured the accused, namely Bala @ Balakrishnan, on 28.03.2025. He gave a confession before the police detailing the roles of other accused persons. Consequently, the sections of law were altered to Sections 103, 191(2), 191(3), 190, 127(2), 61(2), and 49 of the Bharatiya Nyaya Sanhita, 2023, dated 23.03.2025. Hence, the case.

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The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioner. He would further submit that the petitioner is in custody from 29.03.2025. Hence, he seeks bail.

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The learned Government Advocate (Criminal Side) would submit that there are totally sixteen accused persons in this case and the petitioner has been arrayed as A13. He would further submit that A9 to A14 and A16 conspired together and instigated the other accused. Pursuant to this, A1 to A4 brutally assaulted the deceased with lethal weapons, resulting in his death. They also completely disfigured 3/5

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.8974 of 2025

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his face. He would also submit that there are no previous cases against the petitioner.

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He would further submit that although the investigation in this case is almost complete, if bail is granted to the petitioner, he will abscond and tamper with the evidence and will cause threat to the defacto complainant. He, therefore, opposes the grant of bail to the petitioner.

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This Court has heard the learned counsel on both sides and perused the materials available on record.

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Taking into consideration the facts and circumstances of the case, the nature

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of the offence allegedly committed by the petitioner, and also considering the ongoing enmity between the two groups and also taking note the stage of the case, this Court is of the view that if the petitioner is released on bail, he may indulge in tampering with the witnesses and the investigation. Hence, this Court is not inclined to grant bail to the petitioner.

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In the result, this Criminal Original Petition is dismissed.

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sd/-

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13/06/2025 / TRUE COPY /

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

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.8974 of 2025

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PAL

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1 THE INSPECTOR OF POLICE, AUSTINPATTI POLICE STATION, MADURAI CITY 2 THE SUPERINTENDENT CENTRAL PRISON, MADURAI, MADURAI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER IN CRL OP(MD) No.8974 of 2025 Date :13/06/2025

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SS/SAR- /30/06/2025/ 5P/4C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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https://www.mhc.tn.gov.in/judis