Kanmani Karuppusamy v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twenty Second day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6507 of 2022 1 KANMANI KARUPPUSAMY [ PETITIONERS / ACCUSED ] 2 SIVAGAMI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KARAMADAI POLICE STATION, COIMBATORE.
(IN CRIME NO.82/2022) For Petitioner : M/S.G.R.DEEPAK Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 355, 323, 324 and 506(ii) IPC in Crime No.82 of 2022, on the file of the respondent police, seek anticipatory bail.
2. Due to family dispute, the defacto complainant was attacked by these petitioners, since the defacto complainant has married with another lady while the wife/first petitioner is alive. 3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submitted that the defacto complainant sustained simple injury and treated as out patient.
5. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate cum District Munsif, Mettupalayam, on condition that each of the petitioners shall execute a separate bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only), with two 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 Magistrate concerned and on further condition that:
(a) if the petitioners failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(c) the petitioners shall report before the respondent police as and when required and shall co-operate for interrogation; (d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond 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 petitioners 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 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 22/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, CUM DISTRICT MUNSIF, METTUPALAYAM, COIMBATORE DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE DISTRICT. [ FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KARAMADAI POLICE STATION, COIMBATORE.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.G.R.DEEPAK Advocate on payment of necessary charges SR.NO. 4263 CRL OP.6507/2022 Date :22/03/2022 RW 25/03/2022