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S.Abdul Khadar v. the Inspector of Police

Madras HC16 Sept 2013CRL OP(MD)/13696/2013

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail under Section 438 Cr.P.C. to two accused persons facing trial for cheating and forgery. Although the petitioners failed to meet previous bail bond conditions leading to non-bailable warrants, the Court imposed new conditions, including a reduced bond amount and daily police appearance, to release them from custody.

What did the court decide?

Petitioners ordered to be enlarged on bail subject to execution of a new bond and daily police appearance.

S.Abdul Khadar Vs the Inspector of Police — Cheating and Forgery | Madras HC (2013)

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

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

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CRL OP(MD) No.13696 of 2013

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1 S.ABDUL KHADAR 2 A.ASHA BANU ... PETITIONERS/ACCUSED No.1 & 2

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Vs THE STATE REP.BY

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THE INSPECTOR OF POLICE GANDHI MARKET POLICE STATION, TRICHY DIST, CR.NO.1109/2012 ... RESPONDENT/COMPLAINANT

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For Petitioner : M/S.S.VEERANASAMY Advocate

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For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :-

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The petitioners are arrayed as A1 & A2 and they apprehend arrest at the hands of the respondent police for alleged offences punishable under Sections 120(b), 406, 468 and 471 of I.P.C., and Section 5 of TNPID Act, 1997 in Crime No.1109 of 2012 on the file of the respondent police and hence, they have come forward with this petition seeking anticipatory bail.

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2.Learned counsel for the petitioners submits that already the petitioners were enlarged on bail by the learned Special Court under TANPID (in F.Es) Act 1987 at Madurai on 13.02.2013 with a condition to deposit a sum of Rs.2 lakhs each on or before 20.02.2013 along with other conditions. Since the petitioners have failed to comply with the said condition, the Court below issued non-bailable warrant against them and apprehending arrest, they have come forward with this petition.

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3.Heard the Learned Government Advocate (Crl.side) on the above submissions.

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4.Considering the position that the learned Special Court, Madurai has been pleased to grant relief of bail subject to the conditions that the petitioners deposit a sum of Rs.2 lakhs each on or before 20.02.2013 and the conditions stands not complied with by the petitioners and consequently resulted that the bail granted to the petitioners was cancelled and non-bailable warrant was issued on 17.06.2013. Taking note of the order passed by the learned Special Court under TANPID (inF.Es) Act, 1987, Madurai granting bail, the Court ought to have avoid imposing of onerous condition and also taking note of the undertaking given by the learned counsel for the petitioners, the petitioners shall deposit a sum of Rs.50,000/- each to the Credit of Crime No.1109 of 2012 on the file of the learned Special Court under TANPID (inF.Es) Act, 1987, Madurai, this Court is inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/ petitioners.

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6.Accordingly, the petitioners are ordered to be enlarged on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Special Court under TANPID (in F.Es) Act 1987, Madurai subject to the following conditions:-

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(i) The petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each 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 petitioners shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

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sd/-

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16/09/2013

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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.

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1 THE SPECIAL COURT UNDER TANPDID (IN F.Es) ACT, 1987, MADURAI.

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2 THE INSPECTOR OF POLICE, GANDHI MARKET POLICE STATION, TRICHY DT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. CC to M/S.S.VEERANASAMY Advocate SR.No.46024

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ORDER

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CRL OP(MD) No.13696 of 2013 Date :16/09/2013 PA/19.09.2013/2P/5C

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

S.Abdul Khadar v. the Inspector of Police

Case brief

What is this about?

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S.Abdul Khadar v. the Inspector of Police

Case brief

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