Karuppiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.16781 of 2016 KARUPPIAH ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE MATHAGUPATTI POLICE STATION, SIVAGANGAI DISTRICT, CR NO. 157 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.SATHISH BABU Advocate For Respondent : M/S.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) For Intervenor : M/S.M.RAMU PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 294(b) and 307 of IPC in Crime No.157 of 2016 on the file of the respondent police.

2. The case of the prosecution is that due to previous enmity, the petitioner attacked the defacto complainant with Aruval and thereby, caused injury on his right hand arm.

3. Learned Government Advocate (Crl. Side) submits that the injured has been discharged from the hospital.

4. The learned counsel for the intervenor informs that the defacto complainant has lost the use of the right hand arm and further he has threatened on the hands of the accused.

5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate No.I, Sivagangai within 15 days from the date of receipt of a copy of the order, (i) the petitioner shall be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the likesum to their satisfaction;

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(ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii)the petitioner shall stay at Ulundurpet and report before the Ulundurpet Police Station daily at 10.30 am for a period of one week and thereafter, he shall be available for interrogation by the respondent police, as and when required.

sd/- 08/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE MATHAGUPATTI POLICE STATION,SIVAGANGAI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.N.SATHISH BABU Advocate SR.No. 51047 JA-DB-SAR.I/15.09.2016/2P:4C

ORDER

IN CRL OP(MD) No.16781 of 2016 Date :08/09/2016 https://hcservices.ecourts.gov.in/hcservices/