Karuppasami v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12667 of 2015 KARUPPASAMI ... PETITIONER/ACCUSED NO.15 Vs STATE REP.BY THE INSPECTOR OF POLICE KOOMAPATTI POLICE STATION, KOOMAPATTI, VIRUDHUNAGAR DT, CRIME NO.62/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.MURUGAPPAN Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.15, apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 147, 148, 447, 506(ii) of I.P.C., and Section 3 of TNPPDL Act in Crime No.62 of 2015 on the file of the respondent Police and hence, seeks anticipatory bail.

2. According to the de facto complainant, the accused have trespassed into his lands and damaged plantains to the tune of Rs.50000/- and also threatened him with dire consequences.

3. The learned counsel for the petitioner submitted that the petitioner's name is not mentioned in the FIR and even as per the complaint, 10 known persons have trespassed into the lands and caused damages and immediately after registering the case, the de facto complainant has given the names of the accused after consultation and deliberation. It is further submitted that similarly placed co-accused viz., A4 to A8 were arrested and granted bail by the Judicial Magistrate in Cr.M.P.No.4219 of 2015 and 4205 of 2015. It is further submitted that is a case of case and counter and the petitioner has been falsely roped into these cases.

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4. Per contra, the learned Government Advocate(Crl.Side) appearing for the respondent Police has vehemently opposed the bail petition by filing a detailed counter affidavit and also submitted that it is a case of communal clash and tension is still prevailing in the area.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event to arrest or on his appearance before the learned Judicial Magistrate No.I, Srivilliputhur and on 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 on further condition that the petitioner shall reside at Dindigul and report before the Dindigul Town Police Station daily twice at 10.00 a.m., and 5.30 p.m., until further orders and a further condition that the petitioner shall deposit a sum of Rs.5,000/- to the credit of Crime No.62 of 2015. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 14/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,SRIVILLIPUTHUR. 2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE KOOMAPATTI POLICE STATION, KOOMAPATTI, VIRUDHUNAGAR DT. THE OFFICER INCHARGE,DINDIGUL TOWN POLICE STATION,DINDIGUL. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.R.MURUGAPPAN Advocate SR.No.38334 ORDER IN CRL OP(MD) No.12667 of 2015 Date :14/07/2015 PA/IV/15.07.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/