P.Karuppaiya v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 6443 of 2025 1.P.Karuppaiya 2.P.Balamurugan 3.M.Pichaimuthu 4.Vijayarani 5.Povunammal 6.Manvizhi @ Manickavalli 7.Palaniammal Petitioner(s) Vs 1.The Superintendent of Police, Perambalur District.
2.The Inspector of Police, V.Kalathur Police Station, (Mangalamedu), Perambalur District.
3.The Sub-Inspector of Police, V.Kalathur Police Station, Perambalur District.
(Crime No.17 of 2025) Respondent(s) For Petitioner(s) : Mr.V.S.Ramesh For Respondent(s) : Mr.S.Balaji, Government Advocate (Criminal Side) 1 / 6
PRAYER To enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent in Crime No.17 of 2025 on the file of the Respondent.
ORDER
The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 191(2), 191(3), 296(b), 115, 118, 74, 133, 351(3) of BNS, in Crime No.17 of 2025, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that on account of a dispute regarding the pathway leading to agricultural lands belonging to the petitioners and the defacto complainant, the petitioners attacked the defacto complainant with a wooden log and iron rod, abused her in a filthy language and threatened her of dire consequences.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, that he has been falsely implicated in this case and in any case, the custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioner. 2 / 6
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that the injured person has been discharged from the hospital and that the petitioner has no bad antecedents.
5. Heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.
6.Considering the nature of allegations; the injured has been discharged from the hospital and the co-accused/A1 was already released on bail, and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
7. Accordingly, 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 3 / 6
on which the order copy made ready, before the learned Judicial Magistrate, Veppanthattai, on condition that the petitioner shall execute a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, 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 ensure their identity;
[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [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 released on bail 4 / 6
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 B.N.S.
drl 15-04-2025 To
1. The Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai District.
2. The Public Prosecutor, High Court, Madras.
5 / 6
SUNDER MOHAN J.
drl CRL OP No. 6443 of 2025 15.04.2025 6 / 6