Karupathurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/10/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

1. Karupathurai

2. Vinoth @ Vinoth Kumar

3. Muthuramalingam

4. Govindhan

5. Thatchinamoorthy

6. Ranjith @ Vilvathuraisingam

7. Veluchamy

8. Ulagu @ Ulaganathan

9. Sanjai @ sanjai Kumar

10. Karpooram @ Karpooravalli ... Petitioners/Accused Nos.1,3 to 11 Vs The State rep.by The Inspector of Police, Peraiyur Police Station, Ramnad District Crime No.157/2020.

... Respondent/Complainant For Petitioners: Mr.A.Uthayakumar, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For an Anticipatory Bail in Crime No.157 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as Accused Nos.1,3 to 11, apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 294(b), 323, 324, 336, 506(ii), 307 of IPC and Section 4 of Women Harassment Act, in Crime 1/3

No.157 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the duo to election motive, the petitioners said to have attacked the defacto complainant with deadly weapons and the defacto complainant sustained injuries. Hence, the present complaint. 3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.

4.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that it is a case in counter, earlier the petitioners have been attacked by the defacto complainants and his relatives and hence, the petitioners have given a complaint against the defacto complainant and the same was registered in Crime No.158 of 2020. As a counter blast, the present complaint has been filed. Hence, he seeks anticipatory bail to the petitioners.

5.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that it is a case in counter and the injured sustained only simple injury and he was discharged from the hospital.

6.Considering the facts and circumstances of the case and also considering the fact that it is a case in counter and the injured sustained only simple injury and he was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned The Judicial Magistrate, Kamuthi, Ramnad District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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 Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners shall report before the respondent police daily at 10.30 a.m without fail for a period of two weeks and thereafter, as and when required for interrogation. 2/3

(c)the petitioners shall not tamper with 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]; and;

(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 16/10/2020 / TRUE COPY / / /2020 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.

TO 1.THE JUDICIAL MAGISTRATE, KAMUTHI, RAMNAD DISTRICT.

2.DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, RAMNAD DISTRICT.

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

ORDER

IN CRL OP(MD) No.11662 of 2020 Date :16/10/2020 DSS AE/JC/SAR-II (22.10.2020) 3P 5C 3/3