Karutharaja v. The State Of Tamilnadu Rep.By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/11/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Karutharaja, S/o.Marimuthu ... Petitioner/A1 Vs The State of Tamil Nadu Rep. by the Inspector of Police, All Women Police Station, Srivilliputhur, Virudhunagar District.
(Crime No.22 of 2025) ... Respondent/Complainant For Petitioner : Mr.J.Sankara Pandian, Advocate For Respondent : Mr.S.S.Manoj, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.22 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 506(1), and 494 of IPC r/w. Section 4 of TNPHW Act, 2002 in Crime No.22 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 06.09.2020 and at the time of marriage, the petitioner was working in police department. After some time, the petitioner/A1 had illegal relationship with A2 and started living with her. Subsequently, after compromise, the petitioner started living with the defacto complainant peacefully for quiet some time and thereafter, he started his illegal relationship with A2 due to which a wordy quarrel arose between them which leads to the registration of the present complaint. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offences as 2/6
alleged by the prosecution, and he has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that it is a case of matrimonial dispute and due to the registration of FIR, the petitioner was suspended from service. However, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also the fact that it is a case of matrimonial dispute and the petitioner was already suspended from service, 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 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 3/6
learned Additional Mahila Judge, Srivilliputhur, Virudhunagar District, within a period of fifteen days from the date of receipt of a copy of this order 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 Aadhaar card or bank pass book to ensure their identity; [b] the petitioner shall report before the Dean, Rajapalayam Government Hospital, Rajapalayam, daily at 10.30 a.m, and do social service in the hospital for a period of two weeks and thereafter the petitioner shall appear before the respondent police daily at 10.30 a.m., for two weeks and thereafter, as and when required;
[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;
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[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]; and [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
05.11.2025 PJL To 1.The Additional Mahila Court, Srivilliputhur, Virudhunagar District. 2.The Inspector of Police, All Women Police Station, Srivilliputhur, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4. The Dean, Rajapalayam Government Hospital, Rajapalayam.
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S.SRIMATHY,J PJL
ORDER
IN 05.11.2025 6/6