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Madras High Court/5801/2024ordered

Karuppasamy v. The Inspector Of Police

2024-04-17Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Karuppasamy ... Petitioner/Sole Accused

Versus

State represented by The Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

Crime No.32 of 2024 ... Respondent/Complainant For Petitioner : Mr.V.Sasikumar Advocate.

For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.32 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.32 of 2024, for the offence punishable under Sections 294(b), 323, 355 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that while the petitioner was walking, the pet animal of the de-facto complainant barked at the petitioner. Infuriated over the same, the petitioner threw a stone at the dog. When the same was questioned by the defacto complainant, the petitioner has abused the defacto complainant using filthy language. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is innocent person and he has no bad antecedence. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the petitioner has slapped the de-facto complainant and abused 2/5

him in filthy language. Also, he submitted that no one injured.

5. Considering the facts and circumstances of the case and also considering the fact that no one injured, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of their arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate on condition that (i) the petitioner execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sattur. (ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

(iii) The petitioner shall appear before the respondent police as and when required for interrogation. He has to co-operate for the investigation. (iv) The petitioner shall not misuse the liberty granted to him by 3/5

indulging in any further offence and shall not tamper with the prosecution witnesses.

(v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 17/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO

1. THE JUDICIAL MAGISTRATE NO.I, SATTUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, ELAYIRAMPANNAI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.V.SASI KUMAR, Advocate ( SR-4532[I] dated 17/04/2024 ) 4/5

ORDER

IN CRL OP(MD) No.5801 of 2024 Date :17/04/2024 RK/JGB (25/04/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5