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Madras High CourtCRL OP(MD)/8955/2025allowed

Karuppu Alias Karuppaiah Alias Karuppannan v. The Inspector Of Police

2025-05-21Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.05.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Karuppu @ Karuppaiah @ Karuppannan ... Petitioner/A3 Vs State of Tamil Nadu rep.

by the Inspector of Police, Samayanallur Police Station, Madurai District.

(Crime No.9 of 2017) ... Respondent/Complainant For Petitioner : Mr.C.Susi Kumar For Respondent : Mr.K.Gnanasekaran, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 482 of B.N.S.S. PRAYER :- For Anticipatory Bail in C.C.No.462 of 2022 on the file of the Judicial Magistrate No.V, Vadipatti in Crime No.9 of 2017 on the file of the Respondent police.

ORDER : The Court made the following order :- 1/5

The Petitioner/ 3rd accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(1) of IPC, in Crime No.9 of 2017, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 06.01.2017, there arose wordy quarrel between the petitioner and the defacto complainant, due to which, the petitioner along with other accused abused the de-facto complainant in filthy language and assaulted him and caused grievous injuries. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and the petitioner's name does not find place in the FIR.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that after investigation, the respondent police has filed the charge sheet and also filed additional charge sheet. In the additional charge sheet, the petitioner's name has been included and the same was taken on file in C.C.No.462 of 2022 on the file of the learned Judicial Magistrate, Vadipatti. He would further submit that the injured was discharged from the hospital and there is 2/5

no previous case against the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the facts that the occurrence had taken place in the year 2017 and the injured was discharged from the hospital and no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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, Vadipatti, 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 15 days and thereafter, as and when required for interrogation. 3/5

[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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS, 2023.

sd/- 21/05/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS 4/5

TO 1.THE JUDICIAL MAGISTRATE, VADIPATTI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3.THE INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-5643[I] dated 22/05/2025 )

ORDER

IN CRL OP(MD) No.8955 of 2025 Date :21/05/2025 HPS/04.06.2025 /5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5