Allowed

Nagulakumar v. the Inspector of Police

Madras HC6 Feb 2013CRL OP(MD)/1119/2013

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a petition for anticipatory bail under Section 438 Cr.P.C. for an accused facing charges under Sections 302 and 392 IPC, subject to specific bond and compliance conditions.

What did the court decide?

Petitioner released on bail if arrested or surrenders within 15 days, subject to executing a bond of Rs.10,000 with two sureties, appearing as required by police, and complying with Section 438 Cr.P.C

Nagulakumar Vs the Inspector of Police — Anticipatory Bail | Madras HC (2013)

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

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Wednesday, the Sixth day of February Two Thousand Thirteen

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PRESENT

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The Hon`ble Ms.Justice K.B.K.VASUKI

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CRL OP(MD) No.1119 of 2013

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NAGULAKUMAR .. PETITIONER/ACCUSED NO.5

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STATE BY THE INSPECTOR OF POLICE SUCHINDRAM POLICE STATION, KANYAKUMARI DISTRICT, CRIME NO.309/2011 ... RESPONDENT/COMPLAINANT

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For Petitioner : M/S. S.DEENADHAYALAN Advocate

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For Respondent : MR. P.KANNITHEVAN, Government Advocate (Crl.side)

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

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ORDER : The Court Made the following order :-

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The petitioner herein/accused No.5 in Crime No.309 of 2011 on the file of the respondent police, by apprehending arrest for the alleged offences punishable under Sections 302 and 392 IPC has approached this Court for an order for his release on anticipatory bail under Section 438 of the Code of Criminal Procedure.

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Heard the submissions made by the learned counsel appearing for the petitioner and by the learned Government Advocate (Criminal side) appearing for the State.

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The learned counsel appearing for the petitioner would submit that the earlier petition filed by the petitioner was dismissed as withdrawn on 11/10/2012. Thereafter, the petitioner has come forward with the second application after the charge sheet is filed and at this stage, custodial interrogation of the petitioner is not warranted.

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Considering the nature of the offences, the nature of the allegations raised against the petitioner, and the stage of the investigation, this Court comes to the conclusion that it is a fit case in which the petitioner can be released on anticipatory bail subject to certain conditions.

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5.In the result, this petition is allowed and it is hereby directed that the petitioner shall be released on bail in the event of his arrest or on his surrender before the Court concerned within 15 days from the date of receipt of this order copy, subject to the following conditions:

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(i) The petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees ten thousand only) each with two sureties each for a like sum to the https://hcservices.ecourts.gov.in/hcservices/ satisfaction of the Judicial Magistrate No.III, Nagercoil;

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(ii) The petitioner shall appear before the respondent-police as and when reasonably required by them; and

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(iii) The petitioner shall follow Section 438 Cr.P.C. scrupulously.

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sd/06/02/2013

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/ TRUE COPY /

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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. TO

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1 THE JUDICIAL MAGISTRATE NO.III NAGERCOIL

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2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL

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3 THE INSPECTOR OF POLICE SUCHINDRAM POLICE STATION, KANYAKUMARI DISTRICT,

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

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+1. CC to M/S. S.DEENADHAYALAN Advocate SR.No.5344

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ORDER

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CRL OP(MD) No.1119 of 2013

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Date :06/02/2013

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TR : 11.02.2013 : 2p/6c

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https://hcservices.ecourts.gov.in/hcservices/

Nagulakumar v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Nagulakumar v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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