Karuppaiah v. Rep By Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2019 PRESENT The Hon'ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.9581 of 2019 Karuppaiah ... Petitioner/Sole Accused Vs The State Rep by, The Sub Inspector of Police, Vellanur Police Station, Pudukkottai District, (Crime No.3/2019). ... Respondent/Complainant For Petitioner : M/s.D.Rameshkumar, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.3/2019 on the file of the Respondent police.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 304(A) of IPC and Section 9(B) (1) (b) of Explosives Act, 1884, in Crime No.03 of 2019, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that the petitioner is only employee in a quarry and he has been falsely implicated in the above case. He further submitted that the owner of the said quarry has not been arrayed as accused. He further submitted that the alleged occurrence is that one person died and the owner of the said quarry has paid a sum of Rs.5,50,000/- as compensation to the family of the deceased. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent has submitted that investigation is still pending. Thus, he opposed this petition.

5.Taking into consideration the aforesaid facts that the owner of the quarry has settled the matter by giving compensation, this Court is inclined to grant anticipatory bail to the petitioner by imposing certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Pudukkottai, on condition that the petitioner shall execute 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 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) If the petitioner fails to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(ii) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation. (iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner shall not abscond either during investigation or trial.

(v) 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 as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 11/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, PUDUKKOTTAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI 3.THE SUB INSPECTOR OF POLICE, VELLANUR POLICE STATION, PUDUKKOTTAI DISTRICT, 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.RAMESHKUMAR Advocate SR.No.11552

ORDER

IN CRL OP(MD) No.9581 of 2019 Date :11/07/2019 VSG PK/JC/SAR-1/19.07.2019 : 3P/6C