Karuppasamy v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Karuppasamy ... Petitioner / Accused Rank not known Vs The State rep by The Inspector of Police, Rayappanpatti Police Station, Uthamapalayam, Theni District. (Crime No.227 of 2023). ... Respondent / Complainant

For Petitioner : M/s.Eswaran.M, Advocate.

For Respondent : Mr.S.Manikandan,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.227 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 324, 341 and 506(2) of IPC, in Crime No.227 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 15.07.2023 at about 8.45 a.m. one Thangapandi, Karthick and some other including the petitioner waylaid the defacto complainant and his wife and used abusive words against them and attacked the defacto complainant and caused blood injuries to him. The defacto complainant was admitted in the hospital as inpatient. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. The co-accused namely A1 was granted anticipatory bail by the learned Principal District Judge, Theni.

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that investigation is still pending. The injured in this case has been discharged from the hospital.

¶5Considering the nature of offence, the injured person has been discharged from the hospital and the co-accused have been released on bail, this Court is inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Uthamapalayam, 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

¶7The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/-

12/09/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TM To

1.The Judicial Magistrate, Uthamapalayam.

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

3.The Inspector of Police, Rayappanpatti Police Station, Uthamapalayam, Theni District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.16406 of 2023 Date :12/09/2023 ED/JGB/SAR- (20/09/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023