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Mayee @ Mayan v. The Inspector of Police

Madras HC11 Nov 2020CRL OP(MD)/12981/2020

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioners in Crime No.961 of 2020 challenging offences under IPC sections 294(b), 341, 323, and 506(i), imposing specific reporting and bond conditions.

What did the court decide?

Petitioners to be released on bail if arrested, subject to reporting daily to police, executing bond with sureties, and complying with other prescribed conditions.

Mayee @ Mayan Vs The Inspector of Police — Anticipatory Bail | Madras HC (2020)

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CRL OP(MD).No.12981 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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The Hon'ble Mr.Justice S.M.SUBRAMANIAM

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CRL OP(MD).No.12981 of 2020

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1.Mayee @ Mayan 2.Prabu @ Manikandaprabu ... Petitioners/Accused Nos.1&2

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Vs The State rep. by The Inspector of Police, Thirunagar Police Station (L&O), Madurai City. Crime No.961 of 2020. ... Respondent/Complainant

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For Petitioners: Mr.B.Sukumar, Advocate. For Respondent : Ms.M.AnanthaDevi, Government Advocate (Criminal Side)

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PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C

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PRAYER :-

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For Anticipatory Bail in Crime No.961 of 2020 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioners, who are arrayed as A1 and A2, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 341, 323 and 506(i)IPC, in Crime No.961 of 2020 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that on 05.11.2020, the defacto complainant namely Selvakannan along with some women came to the Thasildar Office for obtaining patta. At that time, A1 and A2 said to have abused the defacto complainant by using filthy language and beaten the defacto complainant by hands. Hence, the case has been registered against the petitioners.

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https://hcservices.ecourts.gov.in/hcservices/ 3.Heard the learned counsel appearing for the petitioners and

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CRL OP(MD).No.12981 of 2020

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the learned Government Advocate (Criminal Side) appearing for the respondent.

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4.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case.

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5.The learned Government Advocate (Criminal Side), on instructions, submitted that the injured person has already been discharged from the hospital.

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6.Considering the facts and circumstances of the case and also considering the fact that the injured person has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.VI, Madurai, on condition that the petitioners 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(b)the petitioner shall report before the respondent police daily morning at 10.00 a.m., without fail, for a period of Two Weeks and thereafter as on when required for interrogation;

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(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(d)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and;

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

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CRL OP(MD).No.12981 of 2020

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(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

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sd/11/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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THE JUDICIAL MAGISTRATE NO.VI, MADURAI. 2. -DO- THORUGH: THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3. THE INSPECTOR OF POLICE, THIRUNAGAR POLICE STATION (L AND O), MADURAI CITY.

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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.B.SUKUMAR, Advocate ( SR-7504[I] dated 11/11/2020 )

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ORDER IN CRL OP(MD) No.12981 of 2020 Date :11/11/2020 VSD SRS/JC/SAR-III/20.11.2020/3P/6C

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

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Mayee @ Mayan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Mayee @ Mayan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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