Allowed

M.Gurunathan v. The Sub Inspector of Police

Madras HC17 Jun 2020CRL OP(MD)/6292/2020

Case brief

AI extract

What is this about?

Anticipatory bail granted to petitioner in alleged theft case under Section 379 IPC. Conditions imposed include payment of Rs 5000 compensation to Thanjavur Medical College Hospital, appearance before police for interrogation, and execution of bond with two sureties. Order authorizes fresh FIR for absconding.

What did the court decide?

Anticipatory bail granted subject to payment of Rs.5000 compensation, execution of bond with two sureties, and daily appearance before police for two weeks.

M.Gurunathan Vs The Sub Inspector of Police — Anticipatory Bail | Madras HC (2020)

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CRL OP(MD). No.6292 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 : 17/06/2020

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PRESENT

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The Hon'ble Mr.Justice M.DHANDAPANI

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CRL OP(MD). No.6292 of 2020

M.Gurunathan

... Petitioner

The Sub Inspector of Police, Nachiyarkoil Police Station, Thanjavur District. (Crime.No.305 of 2020) ... Respondent

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For Petitioner : Mr.M.Karunanithi,

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Advocate.

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For Respondent : Mr.K.Suyambulinga Baharathi 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.305 of 2020 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 petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

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The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C., in Crime No.305 of 2020 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that on receipt of a secret information, on 16.04.2020, the respondent Police conducted a raid and found that the petitioner has loaded a river sand in bullock cart without valid license. After seeing the police, the petitioner ran away from the seen of occurrence. Hence, the complaint.

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

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CRL OP(MD). No.6292 of 2020

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The learned counsel for the petitioner submitted that the petitioner did not commit any offence as alleged by the prosecution and he is an innocent and he has been falsely implicated in the above said case. Further, the learned counsel, on instructions from the petitioner, would submit that without any prejudice to his rights and contentions, the petitioner is ready to pay a sum of Rs.5,000/- (Rupees Five thousand only), as non-refundable compensation, by way of Demand Draft, in favour of 'The Dean, Thanjavur Medical College Hospital, Thanjavur District', for the purpose of providing facilities to the Health workers.

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5.The learned Government Advocate(Criminal Side) has opposed to grant bail to the petitioner, since investigation is at the initial stage.

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Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions:-

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(i) Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Principal Sessions Judge, Thanjavur and on his 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;

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(ii) The petitioner is directed to pay a sum of Rs.5,000/- (Rupees Five Thousand Only), by way of Demand Draft, in favour of 'The Dean, Thanjavur Medical College Hospital, Thanjavur' , on or before 30.06.2020, for the purpose of providing facilities to the Health workers, as non-refundable compensation, without prejudice to his rights and contentions, since the Health workers put their lives at risk every day and play a critical role in preventing the spread of COVID-19 Pandemic;

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(iii) The petitioner shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter, as and when required for the purpose of interrogation.

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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]; and;

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CRL OP(MD). No.6292 of 2020

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(v)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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7.The petitioner 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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8.The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

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/ TRUE COPY /

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Madurai Bench of Madras High Court,

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THE PRINCIPAL SESSIONS JUDGE, THANJAVUR.

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THE SUB INSPECTOR OF POLICE, NACHIYARKOIL POLICE STATION, THANJAVUR DISTRICT.

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

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COPY TO:-

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THE DEAN, THANJAVUR MEDICAL COLLEGE HOSPITAL, THANJAVUR.

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ORDER IN CRL OP(MD) No.6292 of 2020 Date :17/06/2020

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RMK

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TE/VR/SAR-II : 19/06/2020 : 3P/5C

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M.Gurunathan v. The Sub Inspector of Police

Case brief

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M.Gurunathan v. The Sub Inspector of Police

Case brief

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