Karuppuraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Karuppuraj 2.Mariyammal ... Petitioner/Accused 1st & 2nd Vs State Rep.by The Inspector of Police, Kovilpatti Police Station, Thoothukudi District.
(Cr.No. 1118/2021).
... Respondent/Complainant For Petitioners: Mr.G.Thalaimutharasu, Advocate.
For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1118 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 323, 506(2) IPC, in Crime No.1118 of 2021, seek anticipatory bail.
2.The case of the prosecution is that there was previous enmity between the parties, with regard to repayment of loan amount, the accused persons had abused the defacto complainant with filthy language, abused and also criminally threatened with dire consequence. Hence, the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocent and not committed any offence as alleged by the prosecution and that the injured was treated as out patient. Hence, prays to release them on anticipatory bail. 1/3
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the investigation is not yet completed, that the injured was treated as out patient.
5.Considering the facts and circumstances of this case, that there was dispute between the parties regarding the repayment of loan amount and that the injured was treated as out patient, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate No.I, Kovilpatti and on their 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 daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.
7.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/- 09/12/2021 / TRUE COPY / / /2021 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 No.I, Kovilpatti.
2/3
2.Do Through The Chief Judicial Magistrate, Thoothukudi.
3.The Inspector of Police, Kovilpatti Police Station, Thoothukudi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.19429 of 2021 Date :09/12/2021 RS/VR/SAR4(14.12.2021) 3P-5C 3/3