Allowed

C. Sakthivel v. the State of Assam

Gauhati HC22 Sept 2022Bail Appln./2280/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the petitioner arrested under sections 363 and 366 IPC. The court found no allegation of sexual assault by the victim and noted her refusal for medical examination, deeming further custodial interrogation unnecessary.

What did the court decide?

Bail granted for furnishing a bond of Rs. 50,000/- with one suitable surety upon fulfilling specified conditions.

C. Sakthivel Vs the State of Assam — Cheating and Forgery | Gauhati HC (2022)

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GAHC010183462022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./2280/2022

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C. SAKTHIVEL S/O CHANDRA MOHAN VILL- ADUR AGARAM P.S. KURINJIPADI DIST. CUDDALARE, TAMIL NADU. PH. 8638973349

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. R P HAZARIKA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 22.09.2022

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Heard Mr. R.P. Hazarika, learned counsel for the petitioner. Also heard Mr. Bhaskar Sarma, learned APP appearing for the State.

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The petitioner, who was arrested on 18.08.2022, is seeking regular bail

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under section 439 Cr.P.C. in connection with Jalukbari P.S. Case No. 470/2022 under sections 363/366 IPC.

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The learned APP has produced the case diary and has opposed the prayer for bail.

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On perusal of the case diary, it appears that the victim in her statement recorded under section 164 Cr.P.C. has not alleged sexual assault on her and moreover, she has refused to undergo any medical examination. It further appears from the statement of the victim that she had gone with the accused on her own volition.

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Accordingly, the Court is of the considered opinion that further custodial interrogation of the petitioner may not be necessary. Hence, the Court is inclined to grant bail to the petitioner, namely, C. Sakthivel in connection with the aforesaid case on furnishing bail bond of Rs.50,000/- with one suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metropolitan), Guwahati.

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Bail is granted on the following conditions:

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The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required.

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The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

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The petitioner shall not obstruct the smooth progress of the

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investigation/trial.

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The petitioner shall not misuse his liberty in any manner.

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The petitioner shall appear before the I/O within 10 (ten) days from the date of his release and he shall continue to appear once in every 30 (thirty) days till his appearance is dispensed with or charge sheet is filed, whichever is earlier.

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In the event, on violation of any of the conditions of grant of bail, the I/O is at liberty to move the jurisdictional Court and apply for cancellation of bail.

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Case diary is returned.

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This application stands disposed of.

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JUDGE

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Comparing Assistant

C. Sakthivel v. the State of Assam

Case brief

What is this about?

What did the court decide?

C. Sakthivel v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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