Karuppasamy @ John v. The Inspector Of Police
CRL OP(MD). No.6149 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.6149 of 2020 Karuppasamy @ John ... Petitioner/1st Accused Vs State represented by The Inspector of Police, Vembakottai Police Station, Virudhunagar District.
(Crime.No.77 of 2020).
... Respondent/Complainant For Petitioner : M/s.C.Suresh Kannan, Advocate.
For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime.No.77 of 2020 on the file of the Respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 324 and 506(ii) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No. 77 of 2020 on the file of the respondent police, seeks anticipatory bail.
3. The learned Government Advocate (Crl.side) points out that this is the third petition filed by the petitioner herein and there is no change of circumstances.
4. On the other hand, the learned counsel for the petitioner would submit that his wife suffered head injury, while the de-facto complainant suffered only less serious injuries. But the records indicate that the de-facto complainant was in hospital for six days. The petitioner has come forward to take a Demand Draft for a sum of Rs.10,000/- in favour of the de-facto complainant.
5. Taking note of the facts and circumstances of the case, anticipatory bail is granted to the petitioner with certain conditions. The petitioner undertakes to take a Demand Draft for a sum of Rs.10,000/- (Rupees Ten Thousand only) in favour of the dehttps://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.6149 of 2020 facto complainant. So that, the same can be handed over to the defacto complainant by the respondent police. This will be a nonrefundable payment, but without prejudice to the petitioner's defence in the trial. On such payment, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Sattur and on his 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 petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.
6. The petitioner shall appear before the concerned Magistrate within a period of eight weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
sd/- 12/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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 JUDICAIL MAGISTRATE II SATTUR, VIRUDHUNAGAR DISTRICT.
2 -DO- THRO THE CHEIF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE VEMBAKOTTAI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6149 of 2020 Date :12/06/2020 PD/VR/SAR 3/17.06.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2