Allowed

Divaya v. State Rep by

Madras HC15 Feb 2021CRL OP/1434/2021

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail to the petitioner in a case involving abduction, assault, and cheating, subject to strict conditions regarding appearance, reporting, and non-interference with evidence or witnesses, with specific provisions for action if conditions are breached or the accused absconds.

What did the court decide?

Petitioner released on bail upon execution of bond with two sureties and compliance with conditions to appear before Magistrate, report to police, and not tamper with evidence/witnesses or abscond. Fr

Divaya Vs State Rep by — Cheating and Forgery | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.02.2021

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CORAM:

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THE HON'BLE MR.JUSTICE V.BHARATHIDASAN

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Crl.O.P.No.1434 of 2021

M.Divya

... Petitioner

-Vs-

State represented by: The Inspector of Police, F-2, Egmore Police Station, Chennai – 600 008. (Crime No.837 of 2020) ... Respondent

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Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of her arrest in Crime No.837 of 2020 is pending on the file of the respondent police.

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For Petitioner : Mr.V.Ramanareddy

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For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

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ORDER

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The petitioner, who apprehends arrest for the alleged offences under Sections 342, 324, 366, 384 of IPC, in Crime No.837 of 2020, on the file of the respondent/Police, seeks anticipatory bail.

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The case of the prosecution is that there was a dispute between the petitioner and the defacto complainant. Further, the defacto complainant is the husband of this petitioner. Further, the petitioner had abducted the victim and assaulted him and taken worth about of Rs.3,00,000/- Earlier, the defacto complainant's brother had given a complaint before the T-14, Mangadu Police Station for ''Man missing'' in crime No.1315 of 2020, Subsequently, the victim had been rescued. Based on his statement, the case has been registered.

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The learned counsel for the petitioner would submit that the petitioner is an innocent person and she is no way connected with this crime and she has been falsely implicated in this case. He would further submit that the petitioner is the wife of the defacto complainant and that there was a dispute between them and there is no previous case pending as against her. Hence, he prays for https://hcservices.ecourts.gov.in/hcservices/ anticipatory bail to the petitioner.

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The learned Additional Public Prosecutor would submit that there was a dispute between the petitioner and the defacto complainant. Further, the defacto complainant is the husband of this petitioner. Further, the petitioner had abducted the victim and assaulted him and taken worth about of Rs.3,00,000/- Earlier, the defacto complainant's brother had given a complaint before the T-14, Mangadu Police Station for ''Man missing'' in crime No.1315 of 2020, Subsequently, the victim had been rescued and there is no previous case pending as against the petitioner.

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Considering the facts and circumstances of the case that the victim has been rescued and there is no previous case pending as against the petitioner, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the XIV Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which this petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioner and the sureties shall affix his 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 as and when required for interrogation.

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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 absconds, a fresh FIR can be registered under Section 229A IPC.

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

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With the above directions, this Criminal Original Petition is ordered.

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This order, on being produced, be punctually observed and carried
into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE METROPOLITAN MAGISTRATE,
NO.XIV, EGMORE, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE,
EGMORE, CHENNAI [FOR INFORMATION]
3 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE,
F-2 ,EGMORE POLICE STATION,
CHENNAI.
+1 CC to M/S V.RAMANAREDDY Advocate on payment of necessary
charges SR.NO.1664
CRL OP.1434/2021
Date :15/02/2021
cs 18/02/2021

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

Divaya v. State Rep by

Case brief

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Divaya v. State Rep by

Case brief

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