Allowed

Thangasundalai @ Suresh v. The Inspector of Police

Madras HC13 Mar 2020CRL OP(MD)/4537/2020

Case brief

AI extract

What is this about?

Anticipatory bail granted to Thangasudalai for offences under IPC sections 294(b) and 506(ii), citing no physical injuries despite previous enmity claim and balancing antecedents with lack of harm.

What did the court decide?

Petitioner ordered to execute bail bond with two sureties, stay at Madurai, report to Anna Nagar Police Station daily, and observe conditions regarding evidence and absconding.

Thangasundalai @ Suresh Vs The Inspector of Police — Anticipatory Bail | Madras HC (2020)

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CRL OP(MD). No.4537 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 : 13/03/2020

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PRESENT

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The Hon`ble Dr.Justice G.JAYACHANDRAN

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CRL OP(MD). No.4537 of 2020

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Thangasudalai @ Suresh ... Petitioner/Sole Accused

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State Rep.by The Inspector of Police, Seevalaperi Police Station, Tirunelveli District. (Crime No.26 of 2020) ... Respondent/Complainant

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For Petitioner : M/s.M.Murugesan, Advocate. For Respondent : Mr.K.Suyambulinga Bharathi, 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.26 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 petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b) and 506(ii) of IPC seeks anticipatory bail.

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The case of the prosecution is that due to some previous enmity the petitioner herein picked up quarrel with his neighbour which lead to the registration of this complaint.

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The learned Government Advocate (Crl.Side) would submit that the petitioner is having bad antecedents and two previous cases are pending against him

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Taking note of the allegations made against the petitioner herein and the fact no one sustained injuries in the said occurrence, this Court is inclined to grant anticipatory bail to the petitioner.

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

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CRL OP(MD). No.4537 of 2020

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5 . 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, Tirunelveli on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) 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] The petitioner 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 stay at Madurai and report before the Anna Nagar Police Station daily at 10.30 a.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.

sd/-

13/03/2020

/ TRUE COPY /

/ /2020

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

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Madurai - 625 023.

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THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI.

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DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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THE INSPECTOR OF POLICE,

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SEEVALAPERI POLICE STATION, TIRUNELVELI DISTRICT.

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THE ADDITIONAL PUBLIC PROSECUTOR,

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MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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COPY TO: THE INSPECTOR OF POLICE,

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ANNA NAGER POLICE STATION, MADURAI.

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+1 CC to M/s.M.MURUGESAN, Advocate ( SR-5250[I] dated 13/03/2020 ) ORDER IN

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CRL OP(MD) No.4537 of 2020 Date :13/03/2020

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MS/PN/SAR-1/17.03.2020/2P.7C https://hcservices.ecourts.gov.in/hcservices/

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Thangasundalai @ Suresh v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Thangasundalai @ Suresh v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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