P.Marimuthu v. State Of Tamilnadu Rep By Inspector Of Police, M.Pudupatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY P.Marimuthu ... Petitioner Vs State of Tamilnadu Rep by, The Inspector of Police, M.Pudupatti Police Station, Sivakasi Taluk, Virudhunagar District.

Crime No.186/2025.

... Respondent/Complainant For Petitioner : G.Thiruvarutselvan, Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) For Intervenor/defacto complainant:Mr.M.Jegadeesan PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-38AB For Anticipatory Bail in Crime No. 186/2025 on the file of the respondent Police. ORDER : The Court made the following order :- 1/7

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 194(3)(i) of BNS, corresponding section 174 Cr.P.C., altered into Section 80 of BNS Act, corresponding Section 304(b) of IPC, in Crime No.186 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant's daughter are husband and wife. Due to matrimonial dispute, the defacto complainant's daughter consumed poison and died. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. 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 to the petitioner. 2/7

4. The learned Government Advocate (Criminal Side) submitted that the petitioner is the sole accused. At first the case was registered under Section 194 of BNS and subsequently the deceased died on 24.09.2025 where the treatment could not be effective and the petitioner is working in CRPF. However, he opposed for grant of anticipatory bail to the petitioner.

5. The learned counsel for the intervenor appearing on behalf of the defacto complainant vehemently opposed for granting anticipatory bail stating that the petitioner has induced the deceased to commit suicide.

6. Considering the facts and circumstances of the case, and also considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his 3/7

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 No.II, Sivakasi, Virudhuangar District, within a period of fifteen days from the date on which the order copy is made ready 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 respondent police daily at 10.30 a.m for two weeks and thereafter as and when required for interrogation;

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial;

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[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.

10.12.2025 PJL 5/7

TO

1. Judicial Magistrate No.II, Sivakasi, Virudhuangar District.

2. Do-Through The Chief Judicial Magistrate, Viruthunagar District.

3. The Inspector of Police, M.Pudupatti Police Station, Sivakasi Taluk, Virudhunagar District.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.22598 of 2025 Date : 10/12/2025 7/7