M.Karuppaiyah v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR M.Karuppaiyah .. Petitioner Vs.

The State rep by The Inspector of Police Thingalur Police Station Erode Crime No. 90 of 2025.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail pending investigation in Crime No. 90 of 2025 on the file of the respondent police. For Petitioner :

Mr.Deepanuday For Respondent :

Mr.R.Vinoth Raja Government Advocate (Crl.side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 14.06.2025, for the offence punishable under Section 124(2) of BNS, Act, 2023 (326-B of IPC ) in Crime No.90 of 2025, registered on the file of the respondent, seeks bail.

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2. The case of the prosecution is that the petitioner and the defact complainant are husband and wife, due to family dispute, the petitioner is alleged to have attacked his wife with acid. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 14.06.2025. It is the contention of the petitioner that petitioner and his wife were involved in selling of vessels. It is his contention that victim had harassed the petitioner and also abused him, due to which, a solution used to polish the vessels was thrown on her which is now projected as though the petitioner has thrown acid on the victim deliberately. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.side) appearing for the respondent police, submitted that the petitioner is an alcoholic and used to pick up quarrel with his wife. He submits that the petitioner, in a drunken state, brought acid and poured on the victim's face and leg. Thereafter, a case has been 2/6

registered. He also submits that the victim has been discharged from the hospital. However, he strongly opposed to grant bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner would not go near the house of the victim and cause any disturbance to her in any manner.

6. Heard both sides and perused the materials available on record.

7. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, considering the period of incarceration undergone by the petitioner and in view of the undertaking given by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

8. 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 learned Judicial Magistrate, Perundurai, Erode District and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; 3/6

[b] the petitioner shall report before the respondent police daily at 10.30 am., for a period of three weeks and thereafter, as and when required for interrogation.

[c] The petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 07.07.2025 nr 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 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 Judicial Magistrate, Perundurai, Erode District

2. The Inspector of Police Thingalur Police Station Erode

3. The Superintendent, Sub-Jail, Perundurai

4. The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

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