E. Karuppaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/05/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI

1. E.Karuppaiah

2. K.Sellakumar

3. K.Gopinath ... Petitioners/Accused Vs State Rep.by The Inspector of Police, C2, Subramaniapuram Police Station (Crime), Madurai City.

(Crime No.123/2015). ... Respondent/Complainant For Petitioner : Mr.R.M.Arun Swaminathan, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.123/2015 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offence punishable under Sections 406, 420 r/w. 34 of IPC, in Crime No.123 of 2015 on the file of the respondent police, and seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent police. 3.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

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4.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.IV, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of five weeks and thereafter, as and when required for interrogation.

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. 5.Since the crime is of the year 2015, the respondent police is directed to complete the investigation and file the final report within a period of six weeks from the date of receipt of a copy of this order and file a compliance report before this Court on or before 29.06.2022.

6.List the matter under the caption "for reporting compliance" on 29.06.2022.

sd/- 19/05/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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.IV MADURAI 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE C2, SUBRAMANIAPURAM POLICE STATION (CRIME), MADURAI CITY.

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

COPY TO THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.20803 of 2021 Date :19/05/2022 RS/PN/SAR.1 (23.05.2022) 3P-6C 3/3