Allowed

Karuppasamy v. the Inspector of Police

Madras HC14 Jun 2023CRL OP(MD)/10457/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner accused in a case involving public nuisance and assault. The court imposed strict conditions including daily police reporting, non-absconding, and execution of a bond with sureties.

What did the court decide?

Petitioner ordered to be released on bail in event of arrest, shall execute bond of Rs. 10,000 with two sureties, report daily to police for two weeks, and not tamper with evidence or abscond.

Karuppasamy Vs the Inspector of Police — Anticipatory Bail | Madras HC (2023)

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

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Date : 14/06/2023

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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.10457 of 2023

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Karuppasamy ... Petitioner/Accused No.2

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The State represented by The Inspector of Police, Thiruthangal Police Station, Virudhunagar District. (Crime No.155 of 2023) ... Respondent/Complainant

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For Petitioner : Mr.Dhanachandra Prakash.D, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor

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

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PRAYER :-

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For Anticipatory Bail in Crime No.155 of 2023 on the file of the respondent police

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ORDER : The Court made the following order :-

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The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 294(b),323,506(i) of IPC and Section 4 of Women Harassment Act, 1998, in Crime No. 155 of 2023 on the file of the respondent police, seek anticipatory bail.

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The case of the prosecution as per the de-facto complainant is that due to civil dispute, the petitioner herein abused and assaulted the defacto complainant.

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Heard both side and perused the materials available on record.

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Taking into consideration of the facts and circumstances of the case and also the fact that the injured has been discharged https://www.mhc.tn.gov.in/judis from the hospital, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions:

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Thiruthangal, 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:

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[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.

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[b] the petitioner 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 petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner 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 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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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sd/14/06/2023 / TRUE COPY /

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/06/2023

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Sub-Assistant Registrar (C.S.)

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Madurai Bench of Madras High Court,

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Madurai - 625 023.