Allowed

Suresh Babu @ Vazhaian v. the Inspector of Police

Madras HC12 Sept 2014CRL OP(MD)/16606/2014

Case brief

AI extract

What is this about?

This is a bail petition under Section 438 Cr.P.C. The petitioner sought anticipatory bail apprehending arrest for offences including kidnapping under IPC Section 364. The High Court granted bail on conditions, noting the injured party had been discharged from the hospital.

What did the court decide?

The petitioner is released on bail upon arrest or appearance before the Magistrate, with a bond for Rs.10,000 and two sureties, and a condition to appear before the police daily for two weeks.

Suresh Babu @ Vazhaian Vs the Inspector of Police — Cheque Dishonour | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of September Two Thousand Fourteen PRESENT

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The Hon`ble Mr Justice K.KALYANASUNDARAM

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CRL OP(MD) No.16606 of 2014

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SURESH BABU @ VAZHAIAN ... PETITIONER/ACCUSED NO.4

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Vs THE STATE REP BY THE INSPECTOR OF POLICE KALAKAD POLICE STATION, TIRUNELVELI DT, CRIME NO.256/2014 ... RESPONDENT/COMPLAINANT

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For Petitioner : M/S.C.CHRISTOPHER Advocate

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For Respondent : MR.K.ANBARASAN, Government 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 petitioner is A4 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,148,341,364,324,307 and 397 of IPC, in Crime No.256 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.

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2.The case of the prosecution is that on 28.07.2014 when the de-facto complainant was proceeding in a motor cycle, the accused proceeding in a car and kidnapped the de-facto complainant and taken away his cell phone and Rs.500/-. The further case of the prosecution is that A1 insisted the de-facto complainant to execute a sale deed in favour of his sister, who is the paramour of A1.

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3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the de-facto complainant attacked A1, for which a case stands registered against him.

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4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured has been discharged from the hospital.

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5.Considering the facts and circumstances of the case and also considering the fact that the injured has been discharge from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

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

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6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Nanguneri and on his executing 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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7.The petitioner 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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sd/12/09/2014 / TRUE COPY /

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Sub-Assistant Registrar (C.S.) TO

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1 THE JUDICIAL MAGISTRATE, NANGUNERI

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2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT

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3 THE INSPECTOR OF POLICE KALAKAD POLICE STATION, TIRUNELVELI DT,

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

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+1. CC to M/S.C.CHRISTOPHER Advocate SR.No.51814 ORDER IN

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CRL OP(MD) No.16606 of 2014 Date :12/09/2014

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NA/15/09/2014/P2/6C

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

Suresh Babu @ Vazhaian v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Suresh Babu @ Vazhaian v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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