N.Karuppan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24735 of 2021 N. Karuppan ... Petitioner

Versus

State Rep by The Inspector of Police, Kachirapaliaym Police Station, Kallakurichi District.

(Crime No.659 of 2021) ... Respondent Prayer:-Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.659 of 2021 pending investigation on the file of the respondent police. For Petitioner : M/S.T.Balachandran For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor Order The petitioner, who apprehends arrest for the alleged offences under Sections 294(b), 323, 324, 326, 506(ii) and 307 of IPC in Cr.No.659 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with another person went to the house of the close relative of defacto complainant and picked up quarrel. When the same was questioned by the defacto complainant and her husband, the petitioner abused them in filthy language and stabbed them with knife. Due to which, both sustained grievous injuries. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that he has no way connected with the alleged occurrence and based on the confession statement of A1, he has been falsely implicated in this case. However, the learned counsel, on instructions, further submits that the petitioner, without prejudice to his rights, is ready to

deposit a sum of Rs.10,000/- to the credit of the crime number and also conceded to be disbursed to the defacto complainant as per the Court order. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor submits that due to previous enmity, the petitioner along with A1 stabbed the defacto complainant and her husband with knife. On the said attack, the defacto complainant sustained grievous injuries. Hence, he vehemently opposed for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and that the petitioner, on his own volition, is ready to deposit an amount of Rs.10,000/- to the credit of the Crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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 of receipt of a copy of this order, before the learned Judicial Magistrate-1, Kallakurichi, Kallakurichi District 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 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) the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of Cr.No.

659 of 2021 before the learned Judicial Magistrate-1, Kallakurichi, Kallakurichi District within a period of two weeks from the date of receipt of a copy of this order. On such deposit being made, the learned learned Judicial Magistrate-1, Kallakurichi, Kallakurichi District shall disburse a sum of Rs.10,000/- to the defacto complainant obtaining an affidavit of undertaking from the defacto complainant that in the event of the petitioner succeeding the case, the amount of Rs.10,000/- received by him would be returned back to the petitioner to the credit of Cr.No.659 of 2021 will be returned to the petitioner within a period of two weeks from the date of deposit.

(b)the petitioner 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 petitioner is directed to appear before the respondent police every Saturday 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 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 anticipatory 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/- 17/12/2021 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-I, KALLAKURICHI, KALLAKURICHI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 INSPECTOR OF POLICE KACHIRAPALIAYM POLICE STATION, KALLAKURICHI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.T.BALACHANDRAN Advocate on payment of necessary charges SR.NO.15047 CRL OP.24735/2021 Date :17/12/2021 CSK 29/12/2021