Karuppiah v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Karuppiah 2.Jothi ... Petitioners / Accused No.2 & 3 Vs The Inspector of Police, Annanagar Police Station, Madurai District.
(Crime No.235 of 2024) ... Respondent / Complainant For Petitioners :
Mr.V.Vishnu, Advocate For Respondent :
Mr.B.Thanga Aravindh Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.235/2024 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 1/5
for the alleged offence punishable under Sections 294(b), 323, 324, 354A, 354B, 509, 506(ii) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act in Crime No.235 of 2024, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the first accused herein made obscene remarks as against the defacto complainant. When the defacto complainant questioned about the same, the accused persons abused her in filthy language and also assaulted her.
3.The learned counsel appearing for the petitioners submits that the petitioners are innocents persons and they did not commit any offence as alleged by the prosecution. He further submits that the petitioners herein are the parents of A1 and they have filed an undertaking affidavit before this Court. Accordingly, he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate(Crl.side) appearing for the respondent Police submits that the investigation is not yet completed. 5.The petitioners have filed an undertaking affidavit by stating that they will make all efforts to prevent the first accused from indulging with the affairs of the defacto complainant.
6.Considering the facts and circumstances of the case and also considering the 2/5
undertaking affidavit filed by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.
7.Accordingly, this criminal original petition is allowed and 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 Judicial Magistrate Court No.6, Madurai on condition that the petitioners shall 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 Judicial Magistrate Court No.6, Madurai and on further conditions that:
i. The petitioners 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; ii. The petitioners shall appear before the respondent police daily at 10.30 am., until further orders;
iii. The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well.
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iv. On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail.
sd/- 06/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
GNS To 1.The Judicial Magistrate No.VI, Madurai.
2.Do through the Chief Judicial Magistrate, Madurai District.
3.The Inspector of Police, Annanagar Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.6682 of 2024 Date :06/06/2024 4/5
ED/ JGB /SAR- (14/06/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5