Karuppiah v. The Inspector Of Police

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). Nos.6206 and 6227 of 2020 Karuppiah ... Petitioner/Accused No.1 in Crl.O.P.(MD).No.6206 of 2020 Vembiah @ Vannimuthu ... Petitioner/Accused No.2 in Crl.O.P.(MD).No.6227 of 2020 Vs The State Rep. by The Inspector of Police, Peraiyur Police Station, Ramnathapuram District.

Under. Cr.No. 21 of 2020. ... Respondent/Complainant n both petitions For Petitioners : M/s. K.R.Laxman, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) in both petitions PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory bail in Crime. No. 21 of 2020 on the file of the respondent police COMMON ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

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2. The petitioners are arrayed as Accused Nos.1 and 2 in Crime No.21 of 2020, for the offences punishable under sections 294 (b) and 307 of I.P.C., on the file of the respondent police, seek anticipatory bail.

3. The first accused is said to have stabbed the victim, while the second accused caught hold of the victim. Some matrimonial dispute is said to be the cause for the occurrence.

4. The Government Advocate (Criminal side) would points out that the victim was in Hospital for about 24 days.

5. Having note of the long period of hospitalization indicated that the petitioners should appropriately compensate the victim. The petitioners' counsel on instructions given an undertaking that the petitioners will take a Demand Draft for a sum of Rs.30,000/- (Rupees Thirty Thousand only), favouring the victim and arrange to pass on the same to the victim through the respondent Police. This will be a non-refundable payment but without prejudice to the petitioners' defence in the trial.

6. Recording the above said submission, I am 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 District Munsif / Judicial Magistrate, Kamuthi and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that 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.

7. The petitioners 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.

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TO

1. THE DISTRICT MUNSIF / JUDICIAL MAGISTRATE, KAMUTHI.

2. -DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER IN CRL OP(MD)Nos.6206 & 6227 of 2020 Date :12/06/2020 TSG TE/VR/SAR-II : 18/06/2020 : 3P/5C 3/3