Karuppasamy @ Natarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.08.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Karuppasamy @ Natarajan ... Petitioner/3rd Accused Vs State rep by The Inspector of Police, Thalamuthu Nagar Police Station, Thalamuthu Nagar, Thoothukudi District.

(Crime No.212 of 2021).

... Respondent/Complainant For Petitioner : Mr.S.Selvakumar, Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.212 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 363 and 365 IPC in Crime No.212 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that on 11.03.2021 at about 3.00 p.m., the petitioner along with other accused kidnapped the defacto complainant's relative, namely, Muthukutti and her daughter Manjula for the purpose of executing a sale deed in respect of the property belonging to Muthukutti. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

He also submitted that the petitioner without knowing the dispute between the fourth accused and the defacto complainant signed in the document as a witness. He further submitted that this Court granted bail to the fourth accused with condition to file an undertaking affidavit before the concerned Judicial Magistrate as well as before the Investigating Officer within a period of one week that he will not disturb the victim family. The petitioner has also come forward to file such an affidavit.

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4.The learned Government Advocate (Crl. Side) submits that the investigation is in crucial stage and some more witnesses are yet to be examined.

5.Considering the facts and circumstances of the case and also fact that the undertaking affidavit to be filed by the petitioner that he will not disturb the victim family, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is allowed and 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.II, Thuthookudi, 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 respondent police daily at 10.30 am., until further orders.

[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 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/- 24/08/2021 / TRUE COPY / / /2021 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 No.II, Thuthookudi.

2.Do Through The Chief Judicial Magistrate, Thuthookudi.

3.The Inspector of Police, Thalamuthu Nagar Police Station, Thalamuthu Nagar, Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN Date : 24.08.2021 TR/PN/SAR-IV(03.09.2021) 3P 5C 3/3