Partly allowed

Malaisamy, v. the Inspector of Police

Madras HC13 Feb 2013CRL OP(MD)/1257/2013

Case brief

AI extract

What is this about?

This is a petition for anticipatory bail under Section 438 Cr.P.C. The court dismissed the petition for petitioners 1-3 as withdrawn. For the fourth petitioner, the court held it was a fit case and directed his bail upon surrender or arrest, subject to specific conditions including executing a bond and appearing daily before the police.

What did the court decide?

Anticipatory bail granted to the fourth petitioner subject to bond of Rs. 10,000 with sureties, daily police appearance for two weeks, and strict adherence to Section 438 Cr.P.C.

Malaisamy, Vs the Inspector of Police — Cheque Dishonour | Madras HC (2013)

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

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Wednesday, the Thirteenth 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.1257 of 2013

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1 MALAISAMY

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2 INDIRA 3 MUTHU 4 CHANDRAMOHAN ... PETITIONERS / ACCUSED NOS.12,13,14 & 16

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THE STATE REP.BY THE INSPECTOR OF POLICE, AMATHUR POLICE STATION, VIRUDHUNAGAR DT.(CR.NO.19 OF 2013) ... RESPONDENT/COMPLAINANT

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For Petitioner : M./S. C.MAYIL VAHANA RAJENDRAN Advocate For Respondent : MR.K.V.RAJARAJAN,Govt. 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 petitioners herein/accused Nos.12, 13, 14 & 16 in Crime No.19 of 2013 on the file of the respondent police, have, by apprehending arrest for the alleged offences punishable under Sections 147, 148, 341, 294(b), 302, 506(ii) and 120(b) of I.P.C., approached this Court for an order for their release on anticipatory bail under Section 438 of the Code of Criminal Procedure.

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

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3.The learned counsel appearing for the petitioners submits that he is not pressing the petition in respect of the petitioners 1 to 3 and he has also made an endorsement to that effect. In view of the above, this petition is dismissed as withdrawn in respect of the petitioners 1 to 3.

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4.Considering the nature of the offences, the nature of the allegations raised against the petitioner, the nature and extent of the participation of the petitioner and the stage of the investigation, this Court comes to the conclusion that it is a fit case in which the 4^th 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 https://hcservices.ecourts.gov.in/hcservices/ directed that the 4^th 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

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to the following conditions:

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(i) The 4^th 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 Judicial Magistrate No.II, Virudhunagar;

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(ii) The 4^th petitioner shall appear before the respondent-police daily at 10.30 a.m. for a period of two weeks and thereafter as and when reasonably required by them; and

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(iii) The 4^th petitioner shall follow Section 438 Cr.P.C. scrupulously.

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sd/13/02/2013

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/ TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE NO.II,VIRUDHUNAGAR.

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2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR ATSRIVILLIPUTHUR

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3.THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI

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4.THE INSPECTOR OF POLICE, AMATHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

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+1. CC to M./S. C.MAYIL VAHANA RAJENDRAN Advocate SR.No.6560

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ORDER IN CRL OP(MD) No.1257 of 2013 Date :13/02/2013 RG.18/02/2013 2P/6C

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

Malaisamy, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Malaisamy, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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