Allowed

K.Subramanian v. the Sub-Inspector of Police

Madras HC30 Apr 2015CRL OP(MD)/6382/2015

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner in a case arising from a counter-complaint. The court held that the dispute was essentially a case-versus-counter and, considering the circumstances, inclined to grant relief subject to standard conditions and a bond.

What did the court decide?

Anticipatory bail granted upon appearance before the Magistrate, execution of a bond for Rs.10,000 with two sureties, and compliance with Section 438 Cr.P.C. conditions.

K.Subramanian Vs the Sub-Inspector of Police — Anticipatory Bail | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of April Two Thousand Fifteen PRESENT

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The Hon`ble Mr Justice K.KALYANASUNDARAM

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CRL OP(MD) No.6382 of 2015

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K.SUBRAMANIAN ... PETITIONER/ACCUSED NO.1

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STATE REP BY THE SUB-INSPECTOR OF POLICE NORTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

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(CRIME NO. 592/2012) ... RESPONDENT/COMPLAINANT

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For Petitioner : M/S.J.ALAGURAM JOTHI Advocate

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For Respondent : M/S.A.P.BALASUBRAMANI 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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The petitioner, who is arrayed as A1 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 420, 379, 294(b) and 506(ii) of I.P.C., in crime No.592 of 2012 on the file of the respondent police, seeks anticipatory bail.

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2.The borrower of the Kotak Mahindra Bank lodged a complaint against the Manager of the Bank stating that his vehicle was seized without proper documents.

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3.The learned counsel for the petitioner submitted that the petitioner has already lodged a complaint against the defacto complainant for change of registration number and the same was registered in crime No.288 of 2009. As a counter blast, this complaint was given in 2012. It is further submitted that the vehicle was already under hypothecation and it was rightly seized by the Bank for non payment of the loan amount.

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4.The learned Government Advocate (criminal side) submitted that the petitioner has manipulated some documents and seized the vehicle of the defacto complainant.

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5.Considering the facts and circumstances of the case and considering the fact that it is a case of case and counter, I am inclined to grant anticipatory bail to the petitioner.

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

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6.Accordingly, the petitioner/A1 is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Rajapalayam 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 as and when required. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

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

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sd/30/04/2015 / TRUE COPY /

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM

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2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTTUR

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3 THE SUB-INSPECTOR OF POLICE NORTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT

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

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ORDER IN CRL OP(MD) No.6382 of 2015 Date :30/04/2015 NA/06/05/2015/P2/5C

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

K.Subramanian v. the Sub-Inspector of Police

Case brief

What is this about?

What did the court decide?

K.Subramanian v. the Sub-Inspector of Police

Case brief

What is this about?

What did the court decide?

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