Karuppiah v. The Sub Inspector Of Police

CRL OP(MD). No.12568 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12568 of 2022 Karuppiah ... Petitioner/Sole Accused Vs The State rep.by The Sub Inspector of Police, Thenkarai Police Station, Theni District.

Cr.No.237/2022.

... Respondent/Complainant For Petitioner : M/s.APPADURAI.K, Advocate.

For Respondent : Mr.B.THANGA ARAVINDH, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Cr.No.237/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 14.06.2022 for the alleged offences under Sections 294(b) and 307 of IPC, in Crime No.237 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant is the widow. For the past 5 years she is having illegal relationship with the petitioner herein, due to which, frequent trouble arose between their family members. On 13.06.2022, in the evening, the defacto complainant demanded Anklet for her, but the petitioner did not buy the same, for which a quarrel arose between them. On the very same day, at bout 10.00 p.m the petitioner said to have asked her to come to kanmoi and the defacto complainant came at 10.30 p.m, at that time also a wordy quarrel arose between them, as a result of which, the petitioner abused the defacto complainant in filthy language and also attacked her with Aruval in all over body. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 14.06.2022.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner attacked the defacto https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12568 of 2022 complainant with Aruval in all over the body and caused severe injuries to her. He would further submit that the defacto complainant has been discharged from the hospital and no previous case is pending against this petitioner.

5.Considering the facts and circumstances of this case, the petitioner is not having any bad antecedents and the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 Judicial Magistrate, Periyakulam, Theni District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 13/07/2022 / TRUE COPY / 13/07/2022 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, PERIYAKULAM, THENI DISTRICT 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE OFFICER INCHARGE DISTRICT PRISON, K.VILAKKU, ANDIPATTI, THENI DISTRICT.

4 THE SUB INSPECTOR OF POLICE, THENKARAI POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S. APPADURAI.K Advocate SR.No.31383 (F) ORDER IN CRL OP(MD) No.12568 of 2022 Date :13/07/2022 SA/VR/SAR.2/13.07.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2