Chinnakaruppu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.17813 of 2021 Chinnakaruppu ... Petitioner/Accused Rank Not Known Vs State rep.by The Inspector of Police, Kariapatti Police Station, Virudhunagar District.

(Crime No.195 of 2021).

... Respondent/Complainant For Petitioner : M/s.S.Poornachandran, Advocate. For Respondent : M/s.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.195 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 341, 294(b), 323, 506(i) IPC, in Crime No.195 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 03.11.2021, the defacto complainant's grandson was abused with filthy language and assaulted by one Usha and her relatives and that they have also criminally intimidated the defacto complainant. Hence, the complaint.

3.The learned counsel for the petitioner would submit that petitioner is innocent and not committed any offence as alleged by the prosecution. He would further submit that the co-accused were already enlarged on bail. Hence, prays for bail. 4.The learned Government Advocate(Crl.Side) would submit that the petitioner is not having any previous case to his credit and injured was discharged from the hospital.

5.Considering the fact that there arose a dispute between the parties, with regard to bursting of crackers, that the injured was discharged from the hospital, that except the offences under Section 506(i) IPC, all other offences are bailable in nature, that three of the co-accused were already arrested and enlarged on bail by the jurisdictional Magistrate and that the petitioner is not having any previous case at his credit, 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Virudhunagar, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or 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 Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.

(c)the petitioner shall not tamper with 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 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 16/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM 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 NO.II, VIRUDHUNAGAR.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, KARIAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.17813 of 2021 Date :16/11/2021 SP/VR/SAR II/24/11/2021/3P/5C