Gnanamuthu @ Gnanamuthu Karuppasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13646 of 2022 Gnanamuthu @ Gnanamuthu Karuppasamy ... Petitioner/Accused No.9 Vs State rep.by The Inspector of Police, Saptur Police Station, Madurai District.
(Crime No.87 of 2022).
... Respondent/Complainant For Petitioner : M/s.Kalidoss G, Advocate.
For Respondent : Mr.B.Thanga Aravidh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.87 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.9, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 441, 294(b), 427, 342, 323, 379 N.P, 506(ii) of I.P.C and Section 4 of TNPWH Act, in Crime No.87 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is on 01.06.2022, there was marriage function for the defacto complainant's sister and at that time, the accused persons made trouble, assault and also caused damages to the tune of Rs.54,000/- to the two-wheeler. Apart from that, they also snatched a cell phone (Android) from the wife of defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. The defacto complainant is none other than the relative of the petitioner.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is a dispute between the relatives.
5. Considering the nature of offence, dispute between the close relatives and there is no previous enmity, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.12,500/- (Rupees Twelve Thousand and Five Hundred only) to the credit of Cr.No.87 of 2022 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.
7. On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Peraiyur, Madurai District 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 the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
Sd/- 28/07/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS 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, PERAIYUR, MADURAI DISTRICT.
2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE INSPECTOR OF POLICE, SAPTUR POLICE STATION, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13646 of 2022 Date :28/07/2022 SP/SVR/SAR II/16/08/2022/3P/5C