Allowed

Haja Mohammed @ Haji Mohammed v. The Inspector of Police

Madras HC6 Feb 2020CRL OP(MD)/1543/2020

Case brief

AI extract

What is this about?

This is a criminal petition for anticipatory bail under Section 438 Cr.P.C. The petitioners, accused in a cheating and breach of trust case, sought release pending trial. The High Court granted bail conditioned upon executing a bond with sureties and appearing for interrogation as required by police.

What did the court decide?

Petitioners released on bail upon execution of a bond for Rs. 10,000 with two sureties, conditional upon appearing for interrogation as and when required by police.

Haja Mohammed @ Haji Mohammed Vs The Inspector of Police — Cheating and Forgery | Madras HC (2020)

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CRL OP(MD). No.1543 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 06/02/2020

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PRESENT

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The Hon`ble Mr.Justice G.R.SWAMINATHAN

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Haja Mohammed @ Haji Mohammed,

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Malhar @ Shahul Hameed,

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Murugan @ Murugaiah Asari, ... Petitioners/Accused Nos.1 to 3

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State rep.by its The Inspector of Police, Kadayanallur Police Station, Tenkasi District. Crime No.226 of 2019. ... Respondent/Complainant

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For Petitioner : Mr.R.J.Karthick, Advocate. For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side)

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

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PRAYER :-

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For Anticipatory Bail in Crime No.226 of 2019 on the file of the Respondent Police

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ORDER : The Court made the following order :-

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Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

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The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 120(b), 417, 420, 427, 406, 294(b) and 506(ii) of I.P.C., in Crime No. 226 of 2019 on the file of the respondent police, seek/s anticipatory bail.

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

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CRL OP(MD). No.1543 of 2020

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The defacto complainant is a retired police officer. He alleges that the petitioners are running a jewellery shop and that they had induced the complainant to part with a sum of Rs.14 Lakhs by promising to purchase gold jewellery at lower price from Thiruvanandhapuram. According to the complainant, the promised jewellery was never delivered. Hece the complaint has been given.

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4.The learned counsel for the petitioners would contend that there was a loan transaction between the first petitioner and the defacto complainant and that eventhough the principal amount with interest has been paid, the defacto complainant is demanding payment of exorbitant interest. The learned counsel for the petitioner also alleges that the defacto complainant is a money lender. The case against the petitioners does not warrant any custodial interrogation.

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In view of the above, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court, Tenkasi, and on their 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 police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

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

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sd/06/02/2020 / TRUE COPY / / /2020

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

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THE JUDICIAL MAGISTRATE, TENKASI.

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DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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THE INSPECTOR OF POLICE KADAYANALLUR POLICE STATION, TENKASI DISTRICT.

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

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CRL OP(MD). No.1543 of 2020

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

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+1 CC to M/s.R.J.KARTHICK, Advocate ( SR-2523[I] dated 06/02/2020 ) ORDER IN CRL OP(MD) No.1543 of 2020 Date :06/02/2020

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PNN

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AE/PN/SAR-II (11.02.2020) 3P 6C

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

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Haja Mohammed @ Haji Mohammed v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Haja Mohammed @ Haji Mohammed v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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