Karuvel Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/05/2022 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Karuvel Kumar ... Petitioner/Accused No.3 Vs The State represented by The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District.

In Crime No.333 of 2019.

... Respondent/Complainant For Petitioner : M/s.Sankar Prakash.C, Advocate.

For Respondent : Mr.K.Sanjay Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the petitioner on Bail in the event of his arrest in CC No.60 of 2020 on the file of the Judicial Magistrate, Valliyoor in Crime No.333 of 2019 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest for the alleged offences under Sections 294(b), 323, 324 and 506(ii) IPC in C.C.No.60 of 2020 on the file of the learned Judicial Magistrate, Valliyoor, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the parties, the petitioner and other accused abused the defacto complainant in filthy language and attacked him with karatha stick and also caused injuries. Hence, the law enforcing agency registered a case against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is an innocent person.

4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the injured person in this case has been discharged from the hospital.

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5.Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hopsital, this Court is inclined to grant anticipatory bail to the petitioner.

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, Valliyur, Tirunelveli District, 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioner and 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 petitioner shall report before the trial Court daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 11/05/2022 / TRUE COPY / 12/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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 JUDICIAL MAGISTRATE, VALLIYUR, TIRUNELVELI DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE PANAGUDI POLICE STATION, PANAGUDI, TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.SANKAR PRAKASH C Advocate SR.No.4578

ORDER

IN CRL OP(MD) No.8947 of 2022 Date :11/05/2022 SS/PN/SAR:IV/12.05.2022 : 3P/6C 3/3