Madras High CourtCRL OP(MD)/7236/2024allowed

V. Ramamoorthy v. The Inspector Of Police

2024-05-29Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/05/2024 PRESENT THE HON'BLE MRS JUSTICE L.VICTORIA GOWRI V.Ramamoorthy ... Petitioner/A3 Vs The Inspector of Police, Pasupathipalayam Police Station, Karur District.

(Crime No.193 of 2024) ... Respondent/Complainant For Petitioner :

Mr.R.Mathiyalagan, 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.193 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC, in Crime No. 193 of 2024, on the file of the respondent police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that the defacto complainant is working as a Mini Bus driver. On 22.04.2024, at about 04.00 p.m, he went to the temple namely, Karuppanasamy Temple, Puliyur, for participating a festival arranged by his friend namely, Mani. The petitioner and other accused also came to the above said temple for the same festival with drunken mood. At that time, there was wordy altercation between them. When the same was questioned by the defacto complainant, they abused him in filthy language and attacked him with Beer bottle and caused injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the injured was discharged from the hospital. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioner is having 9 previous cases. However, he fairly conceded that the injured has already been discharged from the hospital.

5. Taking into consideration the facts and circumstances of the case and also the facts that the injured has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/4

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 No.I, Karur, 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 learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 4 weeks and thereafter, as and when required for interrogation. [c]the petitioner shall not tamper with the 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 is 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]. 3/4

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 29/05/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE NO.I, KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3 THE INSPECTOR OF POLICE, PASUPATHIPALAYAM POLICE STATION, KARUR DISTRICT.

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

+1 CC to M/s.R.MATHIYALAGAN, Advocate ( SR-5954[I] dated 29/05/2024 )

ORDER

IN CRL OP(MD) No.7236 of 2024 Date :29/05/2024 RS/VR/SAR-(03.06.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4