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Balasubramanian v. the Inspector of Police

Madras HC16 Aug 2016CRL OP(MD)/14742/2016

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner, sole accused in a case involving IPC Sections 294(b), 379, and 506(i), subject to conditions including reporting daily, not tampering with evidence, and not absconding. The Magistrate was directed to process the bail if arrest is effected after 15 days.

What did the court decide?

Petitioner ordered to be released on bail within 15 days if arrested, subject to executing a bond and adhering to conditions of daily reporting, no evidence tampering, and no absconding.

Balasubramanian Vs the Inspector of Police — Anticipatory Bail | Madras HC (2016)

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

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Tuesday, the Sixteenth day of August Two Thousand Sixteen

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PRESENT

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The Hon`ble Ms.Justice V.M.VELUMANI

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CRL OP(MD) No.14742 of 2016

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BALASUBRAMANIAN ... PETITIONER/SOLE ACCUSED

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STATE REPRESENTED BY THE INSPECTOR OF POLICE MANACHANALLUR POLICE STATION, TIRUCHIRAPPALLI DISTRICT. (CRIME NO. 254 OF 2016) ... RESPONDENT/COMPLAINANT

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For Petitioner : M/S S.RAMASAMY Advocate

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For Respondent : M/S.P.KANNITHEVAN Govt. 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 sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b),379 and 506(i) I.P.C., in Crime No.254 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

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It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner.

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It is submitted by the learned Government Advocate (Criminal side) that no one sustained injury in the occurrence.

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Considering the facts and circumstances of the case and also considering the fact that no one sustained injury in the occurrence, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of 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 No.III, Trichy, on condition that the petitioner shall execute a bond for a https://hcservices.ecourts.gov.in/hcservices/ sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of

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the learned Magistrate concerned and on further condition that: (i) the petitioner shall report before the respondent Police daily at 10.00 a.m. until further orders.

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(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

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(iii)the petitioner shall not abscond either during investigation or trial.

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(iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/-

16/08/2016

/ TRUE COPY /

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

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1 THE JUDICIAL MAGISTRATE NO.III, TRICHY.

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2 THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI.

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3 THE INSPECTOR OF POLICE, MANACHANALLUR POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

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4 THE ADDITIONAL PUBLIC PROSECUTOR,

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MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. CC to M/S S.RAMASAMY Advocate SR.No.44578

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JA-PV-MPA-SAR.III/18.08.2016-2P-6C

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ORDER IN

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CRL OP(MD) No.14742 of 2016 Date :16/08/2016

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

Balasubramanian v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Balasubramanian v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

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