Karuppachetti v. The State Rep By, The Inspector Of Police,
M.NIRMAL KUMAR, J.
This matter came up for hearing today under the caption 'For Being Mentioned' at the instance of the learned counsel for the petitioner. 2.In first paragraph of the order, dated 16.05.2025 in Crl.O.P.No.15191 of 2025, it has been wrongly mentioned as follows: "The petitioners, apprehend arrest for the alleged offences under Sections 296(b), 329(4), 351(2) of B.N.S (Sections 294, 448, 506 of I.P.C) in Crime No.111 of 2025, on the file of the respondent police, seek anticipatory bail." 3.Accordingly, the first paragraph of the order dated 16.05.2025 shall be read as follows:
"The petitioners, apprehend arrest for the alleged offences under Sections 296(b), 329(4), 351(2) of B.N.S (Sections 294, 448, 506 of I.P.C) and Section 4 of TNPHW Act in Crime No.111 of 2025, on the file of the respondent police, seek anticipatory bail."
Page No.1 of 8
M.NIRMAL KUMAR, J.
rsi 4.Registry is directed to issue the fresh order copy after incorporating the necessary corrections.
23.05.2025 rsi Page No.2 of 8
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-05-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 15191 of 2025
1. KARUPPACHETTI S/o. Gopal, Door No.187, New Colony, Kottu alli Village, PanguNatham Post, Nekkunthi Panchayat, Pennagaram Taluk, Dharmapuri District.
2. VIJAYAKUMAR S/o.Karuppachetti, Door No.187, New Colony, Kottu alli Village, PanguNatham Post, Nekkunthi Panchayat, Pennagaram Taluk, Dharmapuri District.
Petitioner(s) Vs
1. The State Rep by, The Inspector of Police, Pennagaram Police Station, Dharmapuri District. Crime No. 111 of 2025 Respondent(s) PRAYER To grant Anticipatory bail to the petitioners herein in the event of their arrest or surrender in Crime Number. 111 of 2025 on the file of the Respondent Police Station and thus render Justice.
Page No.3 of 8
For Petitioner(s):
Mr.M Jaisingh For Respondent(s): Mr.R.Vinothraja Government Advocate (Crl.Side)
ORDER
The petitioners, apprehend arrest for the alleged offences under Sections 296(b), 329(4), 351(2) of B.N.S (Sections 294, 448, 506 of I.P.C) in Crime No.111 of 2025, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and the de-facto complainant are neighbours and that the petitioners used to give sexual torture to the de-facto complainant, who is a widow, continuously and hence, she lodged a complaint against A1. Thereafter, on 06.04.2025 at about 11.00 p.m, the 2nd petitioner/2nd accused went to the de-facto complainant's house and kicked the door in a drunken mood and invited the complainant for physical relation and abused her in filthy language and also criminally intimidated her. Inspite of advice from the public, he never changed him and he shared the complainant's son photos to his friends and asked them to kill the sons of the complainant. Hence the complaint.
3. The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and due to previous enmity, a false case has been foisted against the petitioners. The Page No.4 of 8
further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. Learned Government Advocate reiterated the prosecution case and submitted that there is a previous enmity between the parties and no one is injured.
5. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pennagaram, Dharmapuri District, on condition that each of 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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 petitioners shall appear before the Page No.5 of 8
respondent police at 10.30 a.m for a period of 30 days and thereafter, as and when required for further interrogation.
[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners shall not tamper with 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 of B.N.S.
16-05-2025 ASI/UMA To
1. The Inspector of Police, Pennagaram Police Station, Dharmapuri District.
2. The Judicial Magistrate, Pennagaram, Dharmapuri District.
3. The Public Prosecutor, High Court of Madras, Chennai.
M.NIRMAL KUMAR J.
ASI/UMA Page No.6 of 8
CRL OP No. 15191 of 2025 16-05-2025 Page No.7 of 8
Page No.8 of 8