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Madras High CourtCRL OP(MD)/12730/2025allowed

Karuppusamy v. The State Of Tamilnadu

2025-07-29Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Karuppusamy, S/o.Venkatesan.

:Petitioner/Sole Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

(Crime No.369 of 2025) :Respondent/Complainant For Petitioner : Mr.K.Arunraj, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.369 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial 1/5

custody on 06.07.2025 for the offences punishable under Sections 296(b), 332(c) and 75(2) of BNS r/w Section 4 of Tamil nadu Prohibition of Harassment of Women Act, in Crime No.369 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 06.07.2025, when the defacto complainant was sleeping in her house, the petitioner entered into the house and sexually harassed her. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has been falsely implicated in this case. The petitioner is ready and willing to abide any conditions that may be imposed by this Court and the petitioner is in custody from 06.07.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner and the defacto complainant are living in the same street. on 06.07.2025, when the defacto complainant was sleeping in her house, the petitioner entered into the house and sexually harassed her. He further submitted that the defacto 2/5

complainant is married woman and is having two children. The petitioner is not having any previous case. However, he opposed to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and taking note of the fact that the occurrence had taken place on 06.07.2025, by this time most of the investigation might have been completed and the petitioner is not having any bad antecedents and he is in judicial custody from 06.07.2025, more than 23 days and taking note of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on 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 Additional Mahila Court (Magistrate Level), Thanjavur and on further conditions 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 petitioner shall furnish his residential address and contact number to the Additional Mahila Court (Magistrate Level), Thanjavur. If the petitioner 3/5

changes his residential address, he shall report the same to the Additional Mahila Court (Magistrate Level), Thanjavur;

[c] the petitioner shall stay at Keeranur and sign before the Keeranur police Station daily at 10.00 a.m., until further orders. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

sd/- 29/07/2025 / TRUE COPY / 29/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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das TO 1.The Judge, Additional Mahila Court (Magistrate Level), Thanjavur.

2.Do Through The Chief Judicial Magistrate, Thanjavur at Kumbakonam.

3.The Officer Incharge, Sub Jail, Thanjavur.

4.The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

5.The Inspector of Police, Keeranur Police Station, Dindigul District.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-8111[I] dated 29/07/2025 )

ORDER

IN CRL OP(MD) No.12730 of 2025 Date :29/07/2025 SBN/29.07.2025 5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5