K Karunakaran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 14509 of 2025 K.Karunakaran ..Petitioner/ Accused No.2 Vs State Of Tamilnadu, Rep By The Inspector Of Police, Rajapalayam North Police Station, Virudhunagar District, (Crime No.428 of 2025) Respondent(s) For Petitioner(s):

Mr.J.Yesu Subananth For Respondent(s):

Mr.A.S.Abul Kalaam Azad Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.428 of 2025 on the file of the Respondent Police.

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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 191(2), 191(3), 296(b), 115(2), 118(1) and 351(3) of BNS, 2023, in Crime No.428 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 09.07.2025, at about 10.00 p.m., when the defacto complainant and his friend went for nature calls, at that time, the petitioner and other accused in a drunken mood, abused them in filthy language and also assaulted them with hands. When the same was questioned by the defacto complainant's father, the accused persons abused them in filthy language and also assaulted them. Hence, a case was registered.

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3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that there are seven previous cases registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that the investigation has been almost completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 3/8

6. Accordingly, this petition is allowed and the petitioner is ordered to be released on bail in the event of 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 Court, Rajapalayam, Virudhunagar District, on condition that the petitioner shall execute a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) with sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate Court, Rajapalayam, Virudhunagar District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 4/8

ensure their identity;

(b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate Court, Rajapalayam, Virudhunagar District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate Court, Rajapalayam, Virudhunagar District;

(c) the petitioner shall stay at Trichy, and the petitioner shall appear and sign before the Inspector of Police, Cantonment Police Station, Trichy District, 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;

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(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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

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To 1.The learned Judicial Magistrate Court, Rajapalayam, Virudhunagar District.

2.The Inspector Of Police, Rajapalayam North Police Station, Virudhunagar District.

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

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.14509 of 2025 Date : 03.09.2025 8/8