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Madras High CourtCRL OP(MD)/1518/2022allowed

Karuppu v. The Inspector Of Police

2022-01-28Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.1518 of 2022

1. Karuppu

2. Muthu

3. Karuppuraja

4. Karuppaiah ... Petitioners/Accused No.1 to 4 Vs State rep.by The Inspector of Police, Veeracholan Police Station, Viruthunagar District.

(In Crime No.7/2022).

... Respondent/Complainant For Petitioners: M/s.B.Anandan, 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.7 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 323, 324, 506(ii) IPC, in Crime No.7 of 2022, seek anticipatory bail.

2.The case against the petitioners is that due to previous motive, the petitioners abused the defacto complainant in filthy language and attacked him with arival and threatened him with dire consequences. The case in Crime No.7 of 2022 was registered against the petitioners under Sections 294(b), 323, 324, 506(ii) IPC . The petitioners filed this petition for anticipatory bail.

3.On the side of the petitioners it is stated that counter case in Crime No.8 of 2022 was registered against the defacto complainant. Since the first petitioner questioned about the maintenance of village accounts, the defacto complainant foisted a false case against the petitioners and prays to release the petitioners on anticipatory bail.

4.On the side of prosecution it is stated that there is previous motive between the parties and injured was discharged from the hospital and a counter case is pending against the defacto complainant.

5.Considering the nature of the offence and considering the fact that there is no bad antecedents against the petitioners and that injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners on the following conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Thiruchuli and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners 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/- 28/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM 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 JUDICIAL MAGISTRATE, THIRUCHULI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, VEERACHOLAN POLICE STATION, VIRUTHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.1518 of 2022 Date :28/01/2022 SP/PA/SAR IV/04/02/2022/3P/5C