M.Karuppaiyan v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.05.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL.O.P.No.14352 of 2025 M.Karuppaiyan ... Petitioner
Versus
The State rep by, The Inspector of Police, Karuveppilankurichi Police Station, Cuddalore District.
(Crime No.475 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police pending investigation in Crime No.475 of 2025 on the file of the respondent police.
For Petitioner :
Mr.K.Kannan For Respondent :
Dr.C.E.Pratap Government Advocate (Crl. Side)
ORDER
The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 1/8
115(2), 351(2) of BNS 2023 (294(b), 323, 506(I) of IPC) r/w Section 4 of TNPHW Act in Crime No.475 of 2025, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant removed the pipe that had been going through her land, which belongs to the petitioner, due to which, the petitioner abused the defacto complainant in filthy language and assaulted her. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the defacto complainant removed the pipe that had been going through her land, which belongs to the petitioner, due to which, the petitioner abused the defacto complainant in filthy language and assaulted her. Hence, he opposed to grant anticipatory 2/8
bail to the petitioner.
5.Taking into consideration the facts and circumstances of the case and also considering the submissions made on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.II, Virudhachalam, Cuddalore, on condition that the petitioner shall execute 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 learned Magistrate concerned and on further conditions that:
[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 the respondent police everyday at 10.30 a.m., for a period of 30 days and thereafter as and 3/8
when required for interrogation.
[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 petitioner is released on anticipatory 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 229-A IPC.
08.05.2025 Anu Note:- 1. Registry is directed to forthwith upload this order in the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this Court without insisting on 4/8
certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
To 1.The Inspector of Police, Karuveppilankurichi Police Station, Cuddalore District.
2.The Judicial Magistrate Court No.II Virudhachalam, Cuddalore.
3.The Public Prosecutor, High Court, Madras.
5/8
L.VICTORIA GOWRI, J.
Anu 08.05.2025 6/8
M. NIRMAL KUMAR, J.
This matter is posted today under the caption 'For being mentioned' at the instance of the learned counsel for the petitioner.
2. The petitioner had filed an anticipatory bail application in Crl.O.P.No.14352 of 2025 as Crime No.not known of 2025. During the course of hearing, the learned Government Advocate (Crl.side) for the respondent police had informed the Court that the case has been registered against the petitioner in Crime No.475 of 2025. Hence, the Crime No.475 of 2025 was incorporated in the order.
3. The learned counsel for the petitioner submitted that FIR has been registered against the petitioner in Crime No.123 of 2025 for the offences punishable under Sections 296(b), 115(2) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 by the respondent police. He also produced the copy of the FIR. 4.In view of the same, necessary corrections to be carried out in the order as follows:- 7/8
M. NIRMAL KUMAR, J.
nr i) In the cause title, the "Crime No.475 of 2025" shall be replaced with "Crime No.123 of 2025".
ii) In the prayer, the "Crime No.475 of 2025" shall be replaced with "Crime No.123 of 2025".
iii) In the 4th line of first paragraph of the order, the "Crime No.475 of 2025" shall be replaced with "Crime No.123 of 2025".
5. Registry is directed to issue fresh order copy within two weeks by incorporating the above said changes.
18.06.2025 nr 8/8