Karunakaran @ Daniel Karunakaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.05.2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI 1.Karunakaran @ Daniel Karunakaran 2.Guna @ Guna Ramkirajan 3.Kutti @ Kuttiraj 4.Vasanth @ Daniel Vasanth Paul 5.Poomari ... Petitioners/Accused Nos.1 to 5 Vs The State of Tamil Nadu Rep. by its Inspector of Police, Puliyankudi Police Station, Tenkasi District.

Crime No.193 of 2022 ... Respondent/Complainant For Petitioners : Mr.SASIKUMAR.V Advocate.

For Respondent : Mr.R.MEENAKSHI SUNDARAM Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.193 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 5 who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 143, 294(b), 448, 352 & 506(1) in Crime No.193 of 2022 on the file of the respondent police, seek anticipatory bail. 2.According to the prosecution, in respect of a common wall, a quarrel arose between the petitioners and the defacto complainant. On 17.03.2022, at about 11.00 a.m, the petitioners 3 and 5 abused the filthy language and attacked the defacto complainant's husband. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. Hence, he prayed for grant of anticipatory bail to the petitioners. 1/3

4.The learned Additional Public Prosecutor appearing for the respondent police would state that in respect of land dispute, a wordy quarrel has been occurred.

5.Taking note of the facts and circumstances of the case and also taking note of the submission of the learned Additional Public Prosecutor, 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 on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Additional District Munsif-cum-Judicial Magistrate, Sivagiri, on condition that the petitioners 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 Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioners shall report before respondent police on every Wednesday at 10.30 a.m until further orders. [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].

sd/- 18/05/2022 / TRUE COPY / / /2022 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.

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TO 1 THE ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SIVAGIRI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT.

3 THE INSPECTOR OF POLICE, PULIYANKUDI POLICE STATION, TENKASI DISTRICT.

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

+1. CC to M/S. SASIKUMAR.V Advocate SR.No.4814

ORDER

IN CRL OP(MD) No.9262 of 2022 Date :18/05/2022 SA/VR/SAR.4/23.05.2022/3P/6C 3/3