Allowed

Kathiravan, Aged 28 Years v. State Rep. by

Madras HC25 Jul 2018CRL OP/18171/2018

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail to the petitioner in a case involving assault and property damage. The bail was subject to surrender within fifteen days, daily police reporting, and prohibitions on tampering with evidence or absconding.

What did the court decide?

Petitioner released on bail subject to surrender within 15 days, daily police reporting, and conditions against tampering with evidence or witnesses.

Kathiravan, Aged 28 Years Vs State Rep. by — Cheating and Forgery | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Wednesday, the Twenty Fifth day of July Two Thousand Eighteen

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PRESENT

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The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.18171 of 2018

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KATHIRAVAN, [ PETITIONER / ACCUSED ]

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STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, E-5, SHOLAVARAM POLICE STATION, THIRUVALLUR DISTRICT. CR.NO.420 OF 2018

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For Petitioner : M/S.P.CHANDRA SEKAR Advocate

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For Respondent : MR. M.MOHAMED RIYAZ, ADDL. PUBLIC PROSECUTOR

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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 seek anticipatory bail in Crime No.420 of 2018 registered by the respondent police for the offence punishable under Sections 147, 148, 341, 332, 307 of IPC and Section 3 of TNPPDL Act.

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The case of the prosecution as per the de-facto complainant one Arivu Selvam is that on 22.06.2018, due to previous enmity, the petitioner along with other accused assaulted him and also caused minor damage to windshield of his car.

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The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would submit that the arrested accused have been enlarged on bail and that there is no previous case against the petitioner.

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The learned Additional Public Prosecutor would submit that due to previous enmity, the petitioner along with the other accused, abused the defacto complainant and also assaulted him and caused damage to his car. He would submit that there is no previous case against the petitioners and that the arrested accused have been enlarged on bail.

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5 . Taking into consideration the facts of the case and the submissions made by the counsels, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions:

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6 . Accordingly, the petitioner is are 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-II, Ponneri, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:

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[a] if the petitioner failed to surrender before the said Magistrate within a period of fifteen days from the date of receipt of a copy of this order, this Order shall stand automatically cancelled.

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[b] the petitioner shall report before the respondent police daily at 10.30.a.m and 5.30.p.m until further orders.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial.

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[e] 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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[ f ] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

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-sd/-

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.)

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High Court, Madras - 600 104.

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1 THE JUDICIAL MAGISTRATE, NO.II, PONNERI.

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2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR. [FOR INFORMATION]

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3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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4 STATE REP. BY THE INSPECTOR OF POLICE, E-5, SHOLAVARAM POLICE STATION, THIRUVALLUR DISTRICT.

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+1 CC to M/S.P.CHANDRA SEKAR Advocate on payment of necessary charges-Sr.13839

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ths : 26.07.2018

Kathiravan, Aged 28 Years v. State Rep. by

Case brief

What is this about?

What did the court decide?

Kathiravan, Aged 28 Years v. State Rep. by

Case brief

What is this about?

What did the court decide?

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