CRL OP(MD)/23306/2022 of Periyakaruppan Vs The Inspector of Police on 28 December 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 28/12/2022PRESENT

The Hon`ble Ms.Justice R.N.MANJULA

CRL OP(MD). No.23306 of 2022

Periyakaruppan ... Petitioner/Accused No.4

Vs

The State rep.byThe Inspector of Police,K.Pudhupatti Police Station, Pudukkottai District. in Crime No. 208 of 2022.... Respondent/Complainant For Petitioner : Mr. Balaji.A, Advocate. For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :- For Anticipatory Bail in Crime No. 208 of 2022 on thefile of the respondent policeORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of therespondent police for the offences punishable under sections 294(b),323 and 324 of I.P.C., in Crime No.208 of 2022 on the file of therespondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the defactocomplainant was standing in front of his house, the accused personsattacked him with wooden log and abused him in filthy language.Hence, the complaint.

3.The learned counsel for the petitioner submitted that thepetitioner and the defacto complainant are relatives and due tocivil dispute, a false complaint has been lodged. Hence, he prayedfor anticipatory bail.

4. The learned Additional Public Prosecutor submitted that theinjured is discharged from the hospital.

5.Taking into consideration the facts and circumstances of thecase and considering the fact that the victim has been dischargedfrom the hospital, this Court is inclined to grant anticipatory bailto the petitioner with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed andthe petitioner is ordered to be released on bail in the event ofarrest or his appearance, within a period of fifteen days from thedate of receipt of a copy of this order, before the learned JudicialMagistrate, Thirumayam, on condition that the petitioner shallexecute 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 therespondent police or the police officer who intends to arrest or tothe satisfaction of the learned Magistrate concerned, failing which,the petition for anticipatory bail shall stand dismissed and onfurther condition that:

(a)the petitioner and the sureties shall affix theirphotographs and left thumb impression in the surety bond and thelearned Magistrate may obtain a copy of their Aadhar card or bankpass book to ensure their identity; (b)the petitioner shall report before the respondentPolice as and when required for interrogation.

(c)the petitioner shall not tamper with the evidence orwitness either during investigation or trial; (d)the petitioner shall not abscond either duringinvestigation or trial; (e)on breach of any of the aforesaid conditions, thelearned Magistrate/ Trial Court is entitled to take appropriateaction against the petitioner in accordance with law, as if theconditions have been imposed and the petitioner released on bail bythe learned Magistrate/Trial Court himself as laid down by theHon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIRSCW 5560]; and; (f)if the accused/ petitioner thereafter absconds, a freshFIR can be registered under Section 229-A IPC.

sd/-

28/12/2022

29/12/2022

IAS

TO

1 THE JUDICIAL MAGISTRATE, THIRUMAYAM.

CRL OP(MD). No.23306 of 2022

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, K.PUDHUPATTI POLICE STATION, PUDUKKOTTAI DISTRICT.

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