Karuppusamy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/12/2024 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL 1.Karuppasamy 2.Kaleeswari 3.Karuppusamy 4.Mannuthinni @ Periyasamy

...Petitioners/Accused Nos.1 to 4

Vs The State of Tamil Nadu, Rep., by Inspector of Police, Palayanur Police Station, Sivagangai District.

(Crime No.77/2024) .. Respondent/Complainant For Petitioners :

Mr.S.S.Sundarapandian, Advocate.

For Respondent :

Mr.M.Sakthikumar Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.77 of 2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 4, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 329(4), 296(b), 115(2), 118(1) and 351(3) of BNS in Crime No.77 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners have trespassed into the house of the defacto complainant, abused him with filthy language, assaulted him using stick and threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case. They have not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl. Side) submits that the accused person assaulted the defacto complainant with deadly weapons and caused injury to him. Hence, he objected to grant anticipatory bail to the petitioners. He further submitted that the injured is discharged from the hospital and there is a case in counter.

5. Heard both sides and perused the materials available on record.

6. Considering the representation made by the learned counsel on either side, the nature of offences charged against the petitioners, that there is a dispute pending 2/5

between the family members and that the injured was discharged from hospital and that there is no previous case pending against the petitioners, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to execute 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 Judicial Magistrate Court, Thiruppuvanam and on further conditions that: [b] the petitioners shall report before the respondent Police on every Saturday at 10.00 A.M. for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioners shall not commit any offences of similar nature. [d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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]. 3/5

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

sd/- 27/12/2024 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ABR To 1.The Judicial Magistrate, Thiruppuvanam.

2.Do through the Chief Judicial Magistrate, Sivagangai District.

3.The Inspector of Police, Palayanur Police Station, Sivagangai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.S.SUNDARAPANDIAN, Advocate ( SR-15882[I] dated 27/12/2024 )

ORDER

IN CRL OP(MD) No.22905 of 2024 Date :27/12/2024 4/5

ED/ SKN /SAR- (02/01/2025) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5