P. Kiruba @ Kirubakaran v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI P.Kiruba @ Kirubakaran, S/o.Punniyamoorthi ... Petitioner/A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Thiruverumbur Police Station, Trichy District.
(Crime No.432 of 2022) ... Respondent/Complainant For Petitioner : Mr.V.Sukumar, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.432 of 2022 on the file of the Respondent Police. 1/4
ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for offences initially registered under man missing and later altered to Sections 147, 120(b), 302, 201, and 34 of the IPC in Crime No.432 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the de-facto complainant is the wife of the deceased Nagaraj. Since the deceased had been missing from 16.12.2022, the de-facto complainant lodged a man missing complaint before the respondent police. Thereafter, one Samugamoorthy was arrested in connection with Crime No.51 of 2025. During the course of investigation, the said Samugamoorthy confessed about the death of Nagaraj stating that the deceased Nagaraj had sexually harassed a woman named Vanitha, abused her, and had intercourse with her. He also allegedly threatened to upload a videograph of the incident on the internet if she did not cooperate for further intercourse. In October 2022, Vanitha reported the sexual abuse to her brother Aravind and to Sanmugamoorthy. Subsequently, on 16.12.2022, Aravind and Sanmugamoorthy, along with other accused persons, murdered Nagaraj by drowning him in the Cauvery river and hide his body. Hence, the case. 2/4
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and is in no way connected with the alleged occurrence as stated by the prosecution. Due to previous enmity between the petitioner and the respondent police, the respondent police registered a false case against the petitioner. He submitted that A1, A2, and A4 were arrested and subsequently released on bail by the learned Principal District and Sessions Judge, Triuchirappalli, in Cr.M.P.No.1514 of 2025 and Cr.M.P.Nos.1776 & 1792 of 2025, dated 25.04.2025 and 30.04.2025, respectively. He, however, submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that there are totally five accused persons in this case and the petitioner has been arrayed as A3. A1, A2 and A3 allegedly went down into the river and drowned the deceased Nagaraj, thereby murdering him. They then called A4 and A5 to hide his body in a nearby bush and few months later, they returned to the spot and disposed of his bones and skull by throwing them into the river. He further submitted that there is one previous case registered against the petitioner. Hence, he strongly opposed to grant anticipatory bail to the petitioner.
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5. Considering the facts and circumstances of the case, and considering the gravity of the offence, and also considering the specific overt act against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. sd/- 16/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
To 1.The Inspector of Police, Thiruverumbur Police Station, Trichy District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER IN CRL OP(MD) No.9720 of 2025 Date : 16/06/2025 SB/15.07.2025 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4