Madras High CourtCRL OP(MD)/10716/2022ordered

Karuppayee v. The Inspector Of Police

2022-06-16Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.06.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. Karuppayee

2. Muthulakshmi @ Muthu

3. Tamilarasi @ Muniyammal

4. Rameshkumar @ Ramesh

5. Lakshmi

6. Malaikani ... Petitioners/Accused Nos.1 to 6 Vs State through The Inspector of Police, Watrap Police Station, Virudhunagar District.

(Crime No.120 of 2022)

...Respondent/Complainant

For Petitioners: Mr.R.Madhava Selvam,Advocate. For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.120 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A.1 to A.6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b) and 324 IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.120 of 2022 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that there existed civil dispute between the parties, the petitioners had attacked the defacto complainant and her son and abused her in filthy language. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the counter case in Crime No.119 of 2022 is pending against the defacto complainant and party.

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

5.Considering the facts that there existed civil dispute between the parties and also the facts that the injured was already discharged from the hospital, that except the offences under Sections 379(NH) IPC and 4 of Tamil Nadu Prohibition of Harassment of Women Act, all other offences are bailable in nature and that the counter case in Crime No.119 of 2022 is pending against the defacto complainant and party, 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 learned Judicial Magistrate, Srivilliputhur, 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 4 and 6 shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation and the petitioners 1, 2, 3 and 5 shall report before the respondent police 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.

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

sd/- 16/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVILLIPUTHUR.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.A.RAMKUMAR, Advocate ( SR-5718[I] dated 17/06/2022 )

ORDER

IN CRL OP(MD) No.10716 of 2022 Date :16/06/2022 SJI PKP/PN/SAR-1/27.06.2022/3P/6C 3/3