Karuppaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Karuppaiah

2. Balamurugan ... Petitioners/Accused No.1 & 2 Vs The State rep.by, The Inspector of Police, Aravayal Police Station, Sivagangai District.

Crime.No.67/2022.

... Respondent/Complainant For Petitioners : M/s. Bharathi Kannan.KR, 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.67 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 355 of IPC and Section 4 of TNPHW Act, in Crime No.67 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to continuos dispute with regard to taking drinking water in the common tap, the petitioners abused the defacto complainant in filthy language and also attacked him and caused injuries to him. Therefore, the present case came to be registered.

1/3

3.The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. He would further submit that in respect of the very same occurrence, FIR in Crime No.68 of 2022 has been registered against the defacto complainant and others.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the injured has been discharged from the hospital and one previous case is pending against these petitioners.

5.Considering the facts and circumstances of the case and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioners, however, with stringent conditions.

6.Considering the facts and the circumstances of this case and also of the fact that it is a case in counter and the injured person has been discharged from the hospital, this Court is inclined to grant bail to the petitioners, however, with stringent conditions. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Devakottai, and on his executing 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 the petitioners shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

8.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 05/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA 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.

2/3

TO 1.THE JUDICIAL MAGISTRATE, DEVAKOTTAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3.THE INSPECTOR OF POLICE, ARAVAYAL POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S. BHARATHI KANNAN.KR Advocate SR.No.8243

ORDER

IN CRL OP(MD) No.13484 of 2022 Date :05/08/2022 RK/JM/SAR-II (30/08/2022) 3P/6C 3/3