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Madras High CourtCRL OP(MD)/16662/2025granted

P.Kiruba @ Kirubakaran v. The State Of Tamilnadu

2025-10-17Honourable Mrs Justice S.Srimathy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 16662 of 2025 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.E.Antony Sahaya Prabahar Additional Public Prosecutor 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.

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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 2/8

threatened to upload a videograph of the incident on the internet if she did not co-operate 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.

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. 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, 3/8

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. He further submitted that based on the confession of A1, the petitioner has been arrayed as accused. He further submitted that there is one previous case registered against the petitioner. He further submitted that the body of the deceased has not been recovered. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and considering the gravity of the offence, and also considering the fact that based 4/8

on the confession of A1, the petitioner has been arrayed as accused, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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 No.VI, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 No.VI, Trichy, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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(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 No.VI, Trichy. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.VI, Trichy;

(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;

(f) on breach of any of the aforesaid 6/8

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 petitioners 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.

17.10.2025 vsg To

1. The learned Judicial Magistrate No.VI, Trichy.

2. The Inspector of Police, Thiruverumbur Police Station, Trichy 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.16662 of 2025 Date : 17.10.2025 8/8