Karuppaiah Ambalam@Karuppaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.488 of 2022 Karuppaiah Ambalam @ Karuppaiah ... Petitioner/Accused No.17 Vs State rep.by The Inspector of Police, Ulagampatty Police Station, Singampurani Taluk, Sivagangai District..

(In Crime No.80/2021) ... Respondent/Complainant For Petitioner : M/s.Palaniyandi Na, Advocate. For Respondent : M/s.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.80/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 306, 201, 202, 294(b), 323 of IPC r/w under Section 4 of Tamil Nadu Protection of Harassment of Women Act, 2002, in Crime No.80 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to matrimonial dispute, one Nandhini, who is the wife of the first accused consumed Poison and died. Thereafter, the petitioner along with other accused without informing the police authorities, they buried the dead body. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The petitioner has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is the community leader of his community, because of his position in the village his name was implicated in this case. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the first accused married one Nanthini in the year 2020 and thereafter a dispute arose between them, as a result of which, the said Nanthini consumed poison and died. The petitioner along with other accused buried the deceased body, without informing and knowledge of the police authorities. 5.Considering the facts and circumstances of the case and the limited role that has been alleged by this petitioner, this Court is inclined to grant bail to the petitioner, however, with stringent conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned District Munsif Cum Judicial Magistrate, Singampunari, Sivagangai District, and on his executing 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 Magistrate concerned; and the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

Sd/- 12/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SINGAMPUNARI, SIVAGANGAI DISTRICT.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, ULAGAMPATTY POLICE STATION, SINGAMPURANI TALUK, SIVAGANGAI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.PALANIYANDI NA Advocate SR.No.268

ORDER

IN CRL OP(MD) No.488 of 2022 Date :12/01/2022 SP/PA/SAR III/03/02/2022/3P/6C