Karunakaran @ Karnan v. The Inspector Of Police

CRL OP(MD)No.13189 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD)No.13189 of 2022 Karunakaran @ Karnan ... Petitioner/Accused-1 Vs State represented by The Inspector of Police, Perungudi Police Station, Madurai District, Cr.No.122 of 2022.

... Respondent/Complainant For Petitioners : Mr.P.Karthick, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.122 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC in Cr.No.122 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioner called the victim over phone to a wine shop, where a wordy quarrel took place. The petitioner along with 5 others assaulted the victim with Aruval and stick. A case in Crime No.122 of 2022 under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC was registered against the petitioner.

3.On the side of the petitioner it is stated that there is only a wordy quarrel in front of the wine shop. The injured was discharged from the hospital and pray the petitioner to be released on anticipatory bail.

4.On the side of the prosecution it is fairly admitted that the victim was discharged from the hospital on 19.07.2022 itself. 5.Considering the submissions made by both sides and considering the nature of offences, this Court is inclined to release the petitioner on anticipatory bail on the following conditions:

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD)No.13189 of 2022 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, Thirumangalam, 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 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 Judicial Magistrate daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner shall be present before the Court on hearing dates and before the respondent police as and when required; [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/- 06/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE,, PERUNGUDI POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.P.KARTHICK, Advocate ( SR-9803[I] dated 08/09/2022 ) ORDER IN CRL OP(MD) No.13189 of 2022 Date :06/09/2022 PNN RS/VR/SAR.4 (13.09.2022) 2P-6C https://www.mhc.tn.gov.in/judis 2/2