Madras High CourtCRL OP(MD)/8984/2022granted

Karupaiah v. The Inspector Of Police

2022-05-19Honourable Mrs Justice T.V.Thamilselvi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/05/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI

1. Karupaiah

2. Alagumalai @ Udaiappan

3. Kuruvuthai @ Kuruvammal

4. Selvi ... Petitioners/Accused No.2 to 5 Vs The State rep.by, The Inspector of Police, Saptur Police Station, Madurai District (Crime No.66 of 2022).

... Respondent/Complainant For Petitioners : Mr.S.Sivaprakash, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.66 of 2022 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 alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC and Section 4 of Tamilnadu Prohibition of Women Harassment Act, in Crime No.66 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to the civil dispute pending between the parties, the petitioners attacked the defacto complainant and threatened with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioners are innocent persona and they have not committed any offence as alleged by the prosecution.

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4.The learned Government Advocate (Criminal Side) appearing for the State would submit that the injured was discharged from the hospital.

5.Considering the fact that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Peraiyur, Madurai District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: (a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(b)the petitioners 3 and 4 shall report before the respondent police as and when required for interrogation and the petitioners 1 and 2 shall report before the respondent police once in a week (ie., on every Wednesday at 10.30 a.m., for a period of six weeks, and thereafter, as and when required for interrogation. (c)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (d)the petitioners 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 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;

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

sd/- 19/05/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, PERAIYUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE SAPTUR POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.SIVA PRAKASH, Advocate ( SR-4960[I] dated 20/05/2022 )

ORDER

IN CRL OP(MD) No.8984 of 2022 Date :19/05/2022 rmk MK/VR/SAR.IV/23.05.2022/3P/6C 3/3