Balamurugan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.09.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.12208 of 2025 Balamurugan ... Petitioner Vs.

The State of Tamil Nadu Represented by The Inspector of Police, Bodinayakkanur Rural Police Station, Theni District (Crime No.230 of 2025) ... Respondent For Petitioner : Mr.S.T.Sasidharan Tamilkani For Intervenor : Mr. M.Venkatesh For Respondent : Mr.A.S.Abul Kaalam Azad Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.230 of 2025 on the file of the respondent police.

ORDER: The Court made the following order :- 1/6

The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS and Section 4 of TNPHW Act in Crime No.230 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the marriage between the petitioner and the defacto complainant was solemnized on 07.04.2025 and they lived in the matrimonial home for one month and thereafter due to nature of her job she went to Ulunthurpettai Taluk and stayed there. The petitioner also doubted the defacto complainant that she was talking with her office assistance. Hence there was a wordy quarrel between them and on 08.07.

2025 the petitioner herein went to the house of the defacto complainant and questioned about the phone call and at that time there was a quarrel in which the petitioner abused her using filthy language and attacked the defacto complainant with hands and iron rod and also threatened with dire consequences. Hence the case. 3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4. The learned counsel appearing for the intervenor vehemently opposed to grant anticipatory bail to the petitioner. 5.The learned Government Advocate(Crl.Side)appearing for the respondent would submit that the petitioner suspecting her wife had abused her using filthy language, assaulted her and also threatened with dire consequences, thereby he would oppose for grant of anticipatory bail. 6.Considering the facts and circumstances of the case and also the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Judicial Magistrate Bodinayakanur, Theni District within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that: 3/6

[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 daily at 10.30 a.m., until further orders;

[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 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 BNS.

08.09.2025 aav 4/6

TO

1. The Judicial Magistrate Bodinayakanur, Theni District 2.The Inspector of Police, Bodinayakkanur Rural Police Station, Theni District 3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

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S.SRIMATHY,J aav

ORDER

IN CRL OP(MD) No.12208 of 2025 Date : 08.09.2025 6/6