Karupu @ Karuppasamy vs The State Of Tamil Nadu
2024 Latest Caselaw 19254 Mad

Citation : 2024 Latest Caselaw 19254 Mad
Judgement Date : 4 October, 2024

Madras High Court

Karupu @ Karuppasamy vs The State Of Tamil Nadu on 4 October, 2024

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                           1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               Dated : 04.10.2024

                                                      CORAM

                              The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

                                          CRL A.(MD).No.807 of 2024

                     Karupu @ Karuppasamy                                    ... Appellant

                                                      Vs

                     1.The State of Tamil Nadu,
                       Rep. by the Deputy Superintendent of Police,
                       Samayanallur Sub Division,
                       Samayanallur Police Station,
                       Madurai District.

                     2.The Inspector of Police,
                       Samayanallur Police Station,
                       Madurai District.
                       (Cr.No.156/2024)

                     3.Venkateshwaran                                      ... Respondents

                     PRAYER :- Criminal Appeal filed under Section 14A(2) of SC/ST Act,
                     1989, to call for the records relating to the order of dismissal of bail
                     application dated 02.09.2024 passed by the learned III Additional
                     District and Sessions Judge (PCR) Madurai made in CRL.M.PNo.1762
                     of 2024 and to set aside the same and enlarge the appellant on bail in
                     connection with the Crime No.156 of 2024 registered on file of the
                     respondent police.



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                                                             2

                                   For Appellant : Mr.A.Maruthupandi
                                   For R-1 & R-2 : Mr.M.Sakthi Kumar
                                                     Government Advocate (Crl. Side)
                                   For R3          : Mr.Venkateshwaran
                                                     Party in person




                                                         JUDGMENT

The present Criminal Appeals have been filed to set aside the

impugned orders dated 02.09.2024 in Cr.M.P.No.1762 2024, on the file

of the learned III Additional District and Sessions Judge (PCR) Madurai

and to set aside the same and grant bail to the appellant.

2. The notice is served. The defacto complainant is present in

person. He expresses that he and his entire family are frightened. It is

also stated that he is yet to receive the compensation and the same is

under process.

3. The learned Government Advocate (Criminal side) would

submit that it will be processed and he will be receiving the

compensation shortly and the same is recorded.

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4. As far as the case is concerned, the allegation is that the defacto

complainant's son/deceased as well as the prime accused, had motive

with reference to the primary accused keeping one Siva's daughter,

namely, Swetha, as his profile picture in his mobile phone and on the

day, the first accused enticed the deceased, as if, there was some

plumbing work and that they were seen to be having liquor together near

the cremation ground and thereafter, the deceased did not return home

and only to be seen being attacked on the head and face and was lying in

the field.

5. Under the said circumstance and considering the fact that this

petitioner is arrayed as A-12 and the fact that similarly situated A-9 and

A-11 have also been released on bail and the fact that the appellant is in

jail from 13.07.2024 and that there is no bad antecedent as against this

petitioner, and the investigation is also now over, I am inclined to

enlarge the appellant on bail with certain conditions.

6. Accordingly, this Criminal Appeal is allowed and the appellant

is ordered to be released on bail, on executing a bond for a sum of

Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like

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sum to the satisfaction of the learned III Additional District and Sessions

Court (PCR), Madurai;

[a] the appellants shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required;

[b] the appellants shall not tamper with evidence or witness either during investigation or trial;

[c] the appellants shall not abscond either during investigation or trial;

[d] On breach of any of the aforesaid conditions, the Trial Court is entitled to take appropriate action against the appellant in accordance with law, as if the conditions have been imposed and the appellants released on bail by the Trial Court itself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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

04.10.2024 Internet : Yes Index : Yes/ No NCC : Yes/No

jbr

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1. The III Additional District and Sessions Court (PCR), Madurai;

2. The Central Prison, Madurai

3.The Deputy Superintendent of Police, Samayanallur Sub Division, Samayanallur Police Station, Madurai District.

4.The Inspector of Police, Samayanallur Police Station, Madurai District.

(Cr.No.156/2024)

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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D.BHARATHA CHAKRAVARTHY,J