Karuppasamy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Karuppasamy ... Petitioner / Accused No.3 Vs The State of Tamil Nadu Represented by the Inspector of Police, Palavidudhi Police Station, Karur District.

(Crime No.230 of 2024) ... Respondent/Complainant Shanthi ... Petitioner/Intervener in CRL MP(MD)No.301 of 2025 in CRL OP(MD)No.23066 of 2024 For Petitioner : Mr.E.Somasundaram, for Mr.Sathyachidambaram, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor For Intervener : Mr.J.Parekh Kumar, Advocate 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 230 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 126(2), 296(b), 308(2), 351(3) and 4 of the Tamil Nadu Prohibition of Women Harassment Act, in Crime No.230 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the owner of the agricultural lands. The accused persons started threatening the defacto complainant to sell the land. Thereafter, they also placed a board in the property claiming right over the property. There are totally 3 accused persons in this case and the petitioner has been arrayed as A3. This petitioner is the father of A1 and A1 and A2 have already been arrested in this case.

3. Heard the learned counsel on either side and perused the material records of the case.

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4. Taking into consideration the facts and circumstances of the case and considering the nature of allegations made and taking note the age of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Kulithalai, Karur 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 appear before the respondent police as and when required.

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[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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 22/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.I KULITHALAI, KARUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT.

3 THE INSPECTOR OF POLICE, PALAVIDUDHI POLICE STATION, KARUR DISTRICT.

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

+1 CC to M/s.J.PAREKHKUMAR, Advocate ( SR-747[I] dated 23/01/2025 )

ORDER

IN CRL OP(MD) No.23066 of 2024 Date :22/01/2025 SS/SKN/SAR- /06/02/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5