Karuppasamy v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6673 of 2018 1 KARUPPASAMY 2 JAYAKUMAR ... PETITIONERS/ACCUSED 1 & 2 Vs THE STATE, THE INSPECTOR OF POLICE, SENDHAMARAM POLICE STATION, TIRUNELVELI DISTRICT.
CRIME NO.95/2018 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.G.THALAIMUTHARASU, Advocate For Respondent : M/S.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 427 and 506(ii) IPC r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.95 of 2018, seek anticipatory bail.
2.The case of the prosecution is that there was a previous enmity between the petitioners and the de-facto complainant regarding to put up the Goat Shed. On 07.04.2018 the de-facto complainant has put up the Goat Shed nearby the petitioners' house. When the same was questioned by the petitioners, a wordy quarrel arose between them and the petitioners thrown the stone on the defacto complainant and his mother-in-law and caused injuries. 3.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and prays for anticipatory bail in favour of the petitioners. https://hcservices.ecourts.gov.in/hcservices/
4.It is submitted by the learned Government Advocate (Criminal side) that the value of the property damaged viz., fence is Rs.20,000/-.
5.Taking note of the above said facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Tenkasi, and on their 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 petitioners shall deposit a sum of Rs.10,000/- to the credit of Crime No.95 of 2018 before the learned Judicial Magistrate, Tenkasi or in the bank account of the de-facto complainant. On such deposit, the de-facto complainant is entitled to withdraw the said amount.
The petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 24/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, TENKASI, TIRUNELVELI DISTRICT 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE,TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, SENDHAMARAM POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.6931
ORDER
IN CRL OP(MD) No.6673 of 2018 Date :24/04/2018 PK/PMI/GSR/27.04.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/