Allowed

Dinesh v. State Rep by

Madras HC23 Feb 2021CRL OP/20684/2020

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner in a counter-case involving assault and intimidation under the IPC, directing release upon executing a bond and maintaining specific conditions to prevent tampering, absconding, and interference with investigation.

What did the court decide?

Release on bail in event of arrest or appearance before Magistrate within 15 days, subject to execution of ₹10,000 bond with sureties and adherence to conditions.

Dinesh Vs State Rep by — Anticipatory Bail | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Tuesday, the Twenty Third day of February Two Thousand Twenty One

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PRESENT

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The Hon`ble Mr Justice V. BHARATHIDASAN

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CRIMINAL ORIGINAL PETITION NO.20684 OF 2020

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AND CRL.MP.NO.733 OF 2021

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DINESH [ PETITIONER / ACCUSED ]

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STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, K-5 PERAVALLUR POLICE STATION, CHENNAI

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CRIME NO.999 OF 2020

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For Petitioner : M/S R.MUTHUKUMAR Advocate

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For Respondent : MR. S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR

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For Intervenor : M/S.C.P.PALANICHAMY Advocate

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

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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 alleged offence under Sections 294(b), 324 and 506(ii) of IPC, in Crime No.999 of 2020 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that on 07.11.2020 due to wordy quarrel with regard to rental dispute the petitioner assaulted the defacto complainant and caused injury to him. Hence, the respondent police registered a case against the petitioner.

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The learned counsel appearing for the petitioner submitted that the petitioner has also given a complaint against the defacto complainant, which was registered in Crime No.1000 of 2020. Hence, he prays to grant anticipatory bail to the petitioner.

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The learned Additional Public Prosecutor appearing for the respondent would submit that it is a case in counter.

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Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

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

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(a) 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 V Metropolitan Magistrate, Egmore, Chennai on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, 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, the petition for anticipatory bail shall stand dismissed and on further condition that:

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(b) 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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(d) The petitioner shall not tamper with evidence or witness either during investigation or trial.

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(e) The petitioner shall not abscond either during investigation or trial.

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(f) 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].

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(g) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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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

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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

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1 THE METROPOLITAN MAGISTRATE NO.V, EGMORE, CHENNAI.

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2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI[FOR INFORMATION]

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3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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4 THE INSPECTOR OF POLICE, K-5 PERAVALLUR POLICE STATION, CHENNAI

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+1CC to M/S R.MUTHUKUMAR Advocate on payment of necessary charges SR NO.2259 CRL.OP.NO.20684/2020 & CRL.MP.NO.733/2021 Date :23/02/2021 MK:09/03/2021

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

Dinesh v. State Rep by

Case brief

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What did the court decide?

Dinesh v. State Rep by

Case brief

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