Partly allowed

M.Rajendran v. the Inspector of Police

Madras HC19 Feb 2014CRL OP(MD)/2204/2014

Case brief

AI extract

What is this about?

Petitioner filed a petition under Section 438 Cr.P.C. seeking anticipatory bail apprehending arrest in a case for offences under IPC Sections 294(b), 323, and 506(ii). Granted bail subject to a personal bond, sureties, and undertaking to appear.

What did the court decide?

Petitioner released on personal bond of Rs.10,000 with two sureties for like sums and undertaking to appear before trial court. NBW recalled.

M.Rajendran Vs the Inspector of Police — Cheque Dishonour | Madras HC (2014)

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

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Wednesday, the Nineteenth day of February Two Thousand Fourteen

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PRESENT

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THE HON`BLE MR.JUSTICE M.SATHYANARAYANAN

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CRL OP(MD) No.2204 of 2014

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M.RAJENDRAN

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... PETITIONER/ACCUSED NO.2

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THE STATE REP.BY THE INSPECTOR OF POLICE REGUNATHAPURAM POLICE STATION,

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CRIME NO.16/2007 ... RESPONDENT/COMPLAINANT

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For Petitioner : M/S.JANA ALIAS B.JANATH AHMED Advocate

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For Respondent : MR.K.V.RAJARAJAN, GOVERNMENT 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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There are totally two accused and this petitioner is arrayed as A.2 and apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294 (b), 323 and 506 (ii) IPC in Crime No.16 of 2007 in C.C.No.59 of 2010 pending on the file of the Court of Judicial Magistrate, Alangudi on the ground of issuance of Nonbailable warrant by the trial Court.

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Counsel for the petitioner is absent on account of Advocates

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Boycott.

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It is stated in the petition that he is regularly appearing before the trial Court till 8/7/2011 and since he was suffering from jaundice, he could not appear. Therefore, his absence on hearing dates are neither wilful nor wanton.

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The Court heard the submission of the learned Government Advocate that he is regularly appearing before the trial Court and since A.2 is absent/absconding, the trial of the case could not be proceeded with.

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Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Alangudi on 4/3/2014 and executing a personal 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 file an affidavit of undertaking that he will appear before the trial Court on all future hearing dates, without fail. The trial Court on compliance of the above, is directed to recall the Non-bailable warrant. The https://hcservices.ecourts.gov.in/hcservices/ petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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Failure to comply with the above said conditions would result in dismissal of this petition automatically without further reference to this Court.

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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, Madurai - 625 023. TO

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1 THE JUDICIAL MAGISTRATE, ALANGUDI.

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2 THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

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3 THE INSPECTOR OF POLICE, REGUNATHAPURAM POLICE STATION

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4 THE ADDITIONAL PUBLIC PROSECUTOR,

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MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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2P/5C

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RPB 26.02.2014

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

M.Rajendran v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

M.Rajendran v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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