Karuppaiya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2021 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.6676 of 2021 1.Karuppaiya 2.Vikki @ Vignesh ... Petitioners/Accused Nos.1&2 Vs The State Rep. by The Inspector of Police, Batlagundu Police Station, Dindigul District.

Crime No.452 of 2021. ... Respondent/Complainant For Petitioners : Mr.P.Balasubramanian, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.452 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 379 IPC, in Crime No.452 of 2021 on the file of the respondent police, seek anticipatory bail.

2.Heard both sides.

3.According to the prosecution, the defacto complainant is working in a Flex Shop at Batlagundu. On 08.05.2021, at about 09.00 pm, the petitioners and others came to the shop for flex designing and since it is closing hours, the defacto complainant refused. But, the accused persons started a quarrel with the defacto complainant, abused him in filthy language and also took away a sum of Rs.19,500/- from him. Hence, the present complaint.

4.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and the petitioners have been falsely implicated in the present case. He would further submit that in order to show their bona fide, the petitioners are ready to deposit the sum of Rs.19,500/-, without prejudice to their defence. 5.Considering the facts and circumstances of the case and the undertaking given by the learned Counsel for the petitioners, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest by the respondent police on executing personal bond for a sum of Rs.10,000/- [Rupees Ten Thousand only] each with two sureties each for a likesum to the satisfaction of the respondent police and on further condition that the petitioner shall appear before the learned Judicial Magistrate, Nilakottai, Dindigul District, and execute a fresh personal bond for a sum of Rs.10,000/- [Rupees Ten Thousand only] each with two sureties for a likesum to the satisfaction of the concerned Judicial Magistrate, within a period of one month, from the date of resumption of regular work in subordinate Courts in view of the present pandemic situation and on further conditions that:

(a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioners shall deposit a sum of Rs.19,500/- [Rupees Nineteen Thousand Five Hundred only] to the credit of Crime No.452 of 2021 before the concerned Magistrate within a period of one month from the date of receipt of a copy of this order; (c)the petitioners shall appear before the respondent police, once in two weeks i.e., on Monday, at 10.30 a.m., until further orders;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and;

(g)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

In fine, this petition stands allowed.

sd/- 20/05/2021 / TRUE COPY / / /2021 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 JUDICIAL MAGISTRATE, NILAKOTTAI, DINDIGUL DISTRICT.

2. DO-THROUGH: THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3. THE INSPECTOR OF POLICE, BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.6676 of 2021 Date :20/05/2021 GK TE/MNR/SAR-III : 27/05/2021 : 3P/5C