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Sithan @ Sivaperumal v. the Inspector of Police

Madras HC12 Aug 2013CRL OP(MD)/12719/2013

Case brief

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What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to three accused persons facing charges under Section 379 IPC. The court imposed conditions including the execution of a bond with sureties, daily reporting, and appearance before the Magistrate within 15 days.

What did the court decide?

Petitioners released on bail upon arrest or appearance, subject to executing a bond with two sureties of Rs. 10,000/- each, reporting daily to the court, and appearing before the Magistrate within 15

Sithan @ Sivaperumal Vs the Inspector of Police — Bail and Remand | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of August Two Thousand Thirteen PRESENT

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The Hon`ble Ms.Justice R.MALA

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CRL OP(MD) No.12719 of 2013

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1 SITHAN @ SIVAPERUMAL

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2 DHINAKARAN 3 PRABHAHAR ... PETITIONERS/ACCUSED RANK NOT KNOWN

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STATE REP BY

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THE INSPECTOR OF POLICE ERUVADI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.193 OF 2013. ... RESPONDENT/COMPLAINANT

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For Petitioner : M/S. P.T. RAMESH RAJA Advocate

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For Respondent : Mr.A.P.BALASUBRAMANI, 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 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of I.P.C., in Crime No.193 of 2013 on the file of the respondent police and hence seek anticipatory bail.

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The learned counsel for the petitioners would submit that the petitioners were charged under Section 379 of I.P.C. He further submitted that the petitioners are innocent persons and they have been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail.

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The learned Government Advocate (Crl.side) would submit that there is no previous case is pending against the petitioners and the investigation is considerably over and hence, he prays for dismissal of this application.

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Considering the rival submissions made by both sides and also considering the fact that there is no previous case is pending against the petitioners and the investigation is considerably over and even though the petitioners were not arrested, neither they interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners, with certain conditions.

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Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Nanguneri and on each executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like https://hcservices.ecourts.gov.in/hcservices/ sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m until further orders. The petitioners shall

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comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,

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1 THE JUDICIAL MAGISTRATE, NANGUNERI.

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2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

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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 ERUVADI POLICE STATION, TIRUNELVELI DISTRICT.

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+1. CC to M/S. P.T. RAMESH RAJA Advocate SR.No.40186 ORDER IN

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CRL OP(MD) No.12719 of 2013

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NA/13/08/2013/P2/6C

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

Sithan @ Sivaperumal v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Sithan @ Sivaperumal v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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