Allowed

Karupaiah v. The Sub Inspector of Police

Madras HC7 Dec 2020CRL OP(MD)/14280/2020

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to six petitioners in a criminal case involving affray and assault under various IPC sections. Bail was subject to conditions including appearance before the Magistrate, sureties, and prohibition of tampering with witnesses.

What did the court decide?

Petitioners released on bail with conditions including appearance before Magistrate, sureties, and prohibition of tampering with evidence.

Karupaiah Vs The Sub Inspector of Police — Anticipatory Bail | Madras HC (2020)

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CRL OP(MD). No.14280 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Date : 07/12/2020

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PRESENT

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The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

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CRL OP(MD). No.14280 of 2020

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Karupaiah 2. Selvaraj 3. Thangaraj

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Ajith Kumar 5. Rajkumar 6. Manimegalai ... Petitioners/Accused No.1 to 6

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State Rep. by The Sub Inspector of Police, Othakadai Police Station, Madurai District Crime No. 1787 of 2020. ... Respondent/Complainant

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For Petitioners : M/s.R.Sundar,

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Advocate. For Respondent : Ms.M.Ananthadevi,

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Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

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PRAYER :- For Anticipatory Bail in Crime No.1787 of 2020 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioners/A1 to A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147,148,294(b), 323,324 and 506(i) of IPC seek anticipatory bail.

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2.The case of the prosecution is that due to wordy quarrel the petitioners herein along with other accused said to have abused the defacto complainant, assaulted him and also threatened him with dire consequences.

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The learned counsel for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them. He would also submit that the it is a case and case in https://hcservices.ecourts.gov.in/hcservices/ counter and the injured was discharged from the hospital.

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CRL OP(MD). No.14280 of 2020

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4.The learned Government Advocate(Crl.Side) would submit that it is a case and case in counter and the injured person was also discharged from the hospital.

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5.Taking into consideration the facts and circumstances of the case and also taking note of the fact that it is a case and case in counter case and the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, Madurai District on condition that the petitioners shall 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(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 Aadhar card or Bank pass Book to ensure their identity;

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(b)the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

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(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(d)the petitioners shall not abscond either during investigation or trial;

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(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]; and;

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

sd/-

07/12/2020

/ TRUE COPY /

/ /2020

Sub-Assistant Registrar (C.S.)

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Madurai Bench of Madras High Court, https://hcservices.ecourts.gov.in/hcservices/ Madurai - 625 023.

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CRL OP(MD). No.14280 of 2020

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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.

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1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

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3 THE SUB INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT.

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

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ORDER IN CRL OP(MD) No.14280 of 2020 Date :07/12/2020

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aav

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JM/PN/SAR IV/09.12.2020/3P/5C

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https://hcservices.ecourts.gov.in/hcservices/

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Karupaiah v. The Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Karupaiah v. The Sub Inspector of Police

Case brief

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