Karuppan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14305 of 2017 KARUPPAN ... PETITIONER/ACCUSED No.2 Vs STATE REP.BY ITS., THE INSPECTOR OF POLICE, THIRUCHULI POLICE STATION, THIRUCHULI, VIRUDHUNAGAR DISTRICT, CRIME NO.333 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.MUNEESWARAN, Advocate For Respondent : MR.K.ANBARASAN, Government 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.2, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(i) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.333 of 2017, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the son of the defacto complainant has fell in love with one Pinachi and both were married without consent of the elders i.e., family members of the petitioner as well as the defacto complainant. Thereafter, on 19.10.2017, the son of the defacto complainant and his wife came to the defacto complainant's house by knowing that the petitioner went to the defacto complainant's house and attacked the couples and abused them. Therefore, the defacto complainant gave a complaint before the respondent police.

3. The learned counsel appearing for the petitioner would submit that though initially the petitioner and his family members objected his sister's marriage after that both the families had entered into compromise.

4. The learned Government Advocate (Criminal side) appearing for the State, on instructions, would submit that he has also confirmed the statement made by the learned counsel appearing for the petitioner.

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period https://hcservices.ecourts.gov.in/hcservices/

of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court, Aruppukottai, Virudhunagar District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner shall report before the investigation officer, daily between 10.00 a.m. and 11.00 a.m., for a period of two weeks;

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioner shall not commit any offence while on bail;

(iv) 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 and the anticipatory bail granted stands cancelled automatically.

sd/- 30/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE, THIRUCHULI POLICE STATION, THIRUCHULI, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.S.J.CHAKKARAVARTHY Advocate SR.No.33396

ORDER

IN CRL OP(MD) No.14305 of 2017 Date :30/10/2017 PK/RR/SAR-1/06.11.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/