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Madras High CourtCRL OP(MD)/10164/2025allowed

Karnan v. State Of Tamilnadu Rep By Inspector Of Police, Theni

2025-06-18Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Karnan, S/o.Thavasi ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Varasanadu Police Station, Theni District.

(Crime No.52 of 2025) ... Respondent/Complainant For Petitioner : Mr.D.Packiaraj, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.52 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 115(2) and 351(3) of BNS, 2023 in Crime No.52 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to a matrimonial dispute between the petitioner's son and the de-facto complainant's daughter, on 23.05.2025, the petitioner and his son, who is the 1st accused in this case, went to the house of the de-facto complainant. Using filthy language, the 1st accused allegedly attacked the de-facto complainant and his own wife with an iron rod and also threatened them with dire consequences. Hence, the case.

3. The learned counsel for the petitioner submitted that the issue pertains to a matrimonial dispute. Due to some misunderstanding between the de-facto complainant's daughter and the petitioner's son, a false complaint has been lodged, falsely implicating the petitioner. He further submitted that the petitioner has not committed any offence as alleged by the prosecution. He however submitted that the petitioner is ready to abide by any conditions that may be imposed by this 2/6

Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are two accused persons in this case and the petitioner has been arrayed as A2. A1 was arrested and subsequently released on bail on 05.06.2025 by the learned Judicial Magistrate, Andipatti in Cr.M.P.No.1082 of 2025. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking note of the fact that the injured has been discharged from the hospital, and that the co-accused was arrested and subsequently released on bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his 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, Andipatti, Theni District 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 3/6

the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Andipatti, Theni District 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 Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Andipatti, Theni District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Andipatti, Theni District;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial; 4/6

(f) 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 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]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 18/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN 5/6

TO 1.THE JUDICIAL MAGISTRATE, ANDIPATTI, THENI DISTRICT.

2.THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT.

3.THE INSPECTOR OF POLICE, VARASANADU POLICE STATION, THENI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.D.PACKIARAJ, Advocate ( SR-6502[I] dated 19/06/2025 )

ORDER

IN CRL OP(MD) No.10164 of 2025 Date :18/06/2025 PR/01.07 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6