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Stephen v. the Inspector of Police

Madras HC8 Jan 2013CRL OP(MD)/134/2013

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner apprehending arrest for alleged offences under Sections 377, 417, and 420 of the IPC. The petitioner was ordered to execute a bond with sureties and appear for interrogation upon summons.

What did the court decide?

Petitioner enlarged on anticipatory bail with conditions to execute a bond of Rs. 10,000 with two sureties and appear for interrogation.

Stephen 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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Tuesday, the Eighth day of January Two Thousand Thirteen

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PRESENT

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The Hon`ble Mr.Justice C.T.SELVAM

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CRL OP(MD) No.134 of 2013

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STEPHEN PETITIONER / ACCUSED

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State rep. By the Inspector of Police, Sathankulam Police Station, Thiruchendur, Tuticorin District.

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For Petitioner : M/S. S.MURUGAIAN Advocate For Respondent : M/S.P.JOTHI, ADDL.PUB.PROSECUTOR( 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 apprehends arrest at the hands of the respondent police for alleged offences punishable under Sections377, 417, 420 of I.P.C and r/w. 15(1)(ii)(B) of Indian Medical Council Act, in Crime No.404 of 2012 on the file of the respondent police and hence, he has come forward with this petition seeking anticipatory bail.

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2.The case of the prosecution is that one Michel Ponraj had lodged a complaint before the respondent police that the petitioner had called him to his Medical shop on 23.12.2012 and misbehaved with him and that the complainant's uncle Michel Yesuvadian came to the shop and therefore, the complainant escaped from the petitioner.

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3.Learned counsel for the petitioner submits that the petitioner is running a Medical shop as Akilan Medical Shop at Peyankulam. The complainant and his uncle Michel belong to the same village. On 23.12.2012, the complainant came to the shop and took money from the cash box and the petitioner had scolded him and was about to lodge a complainant. His neighbours advised him not to lodge a complaint in view of the Christmas Eve. But the complainant and his uncle who is having a previous enmity against the petitioner had foisted this false complaint.

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4.Heard the Learned Additional Public Prosecutor on the above submissions.

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5.On consideration of the facts and circumstances of the case and https://hcservices.ecourts.gov.in/hcservices/ the submissions made, this Court is inclined to grant anticipatory

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bail to the petitioner.

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6.Accordingly, the petitioner is ordered to be enlarged on bail

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in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sattankulam 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 for the like sum to the satisfaction of the arresting officer or to the satisfaction of the learned Magistrate concerned; and

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(ii) The petitioner shall appear before the respondent police as and when required for interrogation.

Sd/-

08/01/2013

/True Copy/

Sub Assistant Registrar (C.S.)

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The Judicial Magistrate, Sattankulam

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-DO-Thro' The Chief Judicial Magistrate, Tuticorin.

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The Additional Public Prosecutor,

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Madurai Bench of Maras High Court, Madurai.

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The Inspector of Police,

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Sathankulam Police Station,

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Thiruchendur, Tuticorin District.

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+1cc to Mr.Murugaian,Advocate, Sr.No. 1067

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Crl.OP.(MD)No.134 of 2013 08.01.2013

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SMA/10.01.2013/6C/2P

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

Stephen v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Stephen v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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