Karuppasamy v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.10834 of 2017 1 KARUPPASAMY 2 SANKARANARAYAN ... PETITIONERS / ACCUSED NO.1 & 2 Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE PULIYANGUDI POLICE STATION, TIRUNELVELI DISTRICT (CRIME NO.343 OF 2017) ... RESPONDENT For Petitioners : M/S.R.RAMASAMY Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 341, 294 (b), 324, 506(ii) of IPC in Crime No.343 of 2017 on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that there was a quarrel between the 1st petitioner and his son one Vinoth and the de facto complainant intervenes to stop them. A1 is said to have attacked with aruval on the de facto complainant's right hand shoulder and A2 is said to have threatened and abused with filthy language about de facto complainant.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that petitioners have not committed any offence and he is nothing to do with the alleged offence and due to previous enmity, the de facto complainant lodged a report against the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent Police on instruction would submit that totally there are 2 accused in this case and the petitioners herein are the arrayed as A1 and A2. He further submitted that the injured has been discharged from the hospital and investigation is still pending. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also taking note of the fact that the injured has been discharged from

the hospital, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Sivagiri, Tirunelveli District on condition that the petitioners 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 petitioners shall report before the respondent Police daily at 10.30 a.m. for a period of three weeks. [b]the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c]the petitioners shall not abscond either during investigation or trial.

[d]on breach of any of the aforesaid conditions, the learned Magistrate / Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on 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). sd/- 21/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI, TIRUNELVELI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUB INSPECTOR OF POLICE, PULIYANGUDI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.RAMASAMY Advocate SR.No.29003

ORDER

IN CRL OP(MD) No.10834 of 2017 Date :21/08/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-CM-MSA-SAR 2/23.8.2017/2P-6C