Partly allowed

Mohammad Kamran Alias MD Chand v. the State of Tamil Nadu

Madras HC3 Dec 2021CRL OP/23189/2021

Case brief

AI extract

What is this about?

The Madras High Court granted interim interstate anticipatory bail to the petitioner, a non-resident accused facing charges in Bihar, for a limited period. The Court relied on precedents establishing its power to grant bail outside territorial jurisdiction but emphasized this is discretionary, not a right, requiring the petitioner to appear before the competent court within the specified timeframe

What did the court decide?

Interim interstate anticipatory bail granted till 04.01.2022, conditioned on executing a personal bond with sureties and appearing before the competent court in Bihar before the expiry date.

Mohammad Kamran Alias MD Chand Vs the State of Tamil Nadu — Bail and Remand | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.12.2021

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CORAM

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THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

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Crl.O.P.No.23189 of 2021

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Mohammad Kamran alias Md Chand

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...Petitioner

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Versus

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The State of Tamil Nadu Rep by the Inspector of Police, Periamed Police Station, Chennai-3.

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The Commissioner of Police, Vepery, Chennai-7.

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The Inspector of Police, Bisfi Police Station, Bisfi Taluk, Madhubai District,

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Bihar State.

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The Superintendent of Police, Madhubani Madhubani District. Bihar State. ...Respondents PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on Inter-state anticipatory bail in the event of his arrest in Crime No.256 of 2019 pending on the file of the third respondent police.

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For Petitioner : Mr.S.Arunkumar

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For Respondent : Mr.A.Gokulakrishnan

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Additional Public Prosecutor

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ORDER

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The petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 323, 324, 307, 427, 379, 504, 506, 34 IPC in Crime No. 256 of 2019, on the file of the third respondent police, seeks https://hcservices.ecourts.gov.in/hcservices/ anticipatory bail.

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The petitioner filed this petition under Section 438 Cr.P.C, who have been accused of non-bailable offences committed beyond the territorial jurisdiction limit of the State of Tamil Nadu, has approached this Court for Interstate Anticipatory Bail, so as to enable him to approach the appropriate Court.

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The learned counsel for the petitioner would submit that the petitioner was implicated for the offences under Sections 341, 323, 324, 307, 427, 379, 504, 506, 34 IPC, on the file of the Inspector of Police, Bisfi Police Station, Bisfi Taluk, Madhubai District, Bihar State, in which, the Bihar police has issued summons to the petitioner for his appearance. Further, he contended that with regard to purchase of property, there was a civil dispute between them, a false case has been foisted against him. He further submitted that there is a case in counter. Hence, he prayed for interstate anticipatory bail.

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Notice issued to the respondents.

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Heard the learned Additional Public Prosecutor appearing for the State (R1 and R2).

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The issue as to whether, in respect of the persons who have been accused of a non-bailable offence committed beyond the territorial jurisdiction of the State of Tamil Nadu, if his arrest is sought within the jurisdiction of this Court, irrespective of the fact that he is a resident of the place over which this Court can grant anticipatory bail under Section 438 Cr.P.C, came up for consideration before the Division Bench of this Court in the case of S.P.Shanthi Swaroop v. State of Tamil Nadu , rep. By Asst. Commissioner of Police, Central Crime Branch, Madras reported in 1992 L.W.(Crl).475 . After elaborate discussions, decisions and considering the ratio laid down by the Patna High Court in Syed Safrul Hassan v. State has passed the following order:-

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“For the foregoing reasons, we hold that the High Court or the Court of Session has got power under Section 438 Cr.P.C. To grant anticipatory bail irrespective of the locale of the Commission of the offence. In other words, in respect of persons who have been accused of a non-bailable offence committed beyond the territorial jurisdiction of the State of Tamil Nadu, if their arrest is sought within the jurisdiction of this Court, irrespective of the fact that they are residents of the place over which this Court can grant anticipatory bail. However, we wish to observe that while granting anticipatory bail, this Court has to restrict the relief for a limited period and to direct the concerned persons to move the Court which is having jurisdiction over the matter in the meantime and also impose such condition so as to make the petitioners available for interrogation by the concerned police in https://hcservices.ecourts.gov.in/hcservices/ the meantime. The reference is answered accordingly.”

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Thereafter, a learned Single Judge of this Court in the case of P.Thangavelu and others v. State, rep. By the Inspector of Police and other reported in 2017 (2) MWN (Cr.) 633 has passed the following orders,

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“9.Thus , it is seen that though in the State of Uttar Pradesh, the provisions of Section 438, Cr.P.C., enabling grant of Anticipatory bail has been deleted, still the Courts have power to grant Inter-State Anticipatory Bail, more particularly taking into account the provisions under Article 21 of the Constitution of India. In the light of the above Judgments and discussions, this Court is of the view that Inter-State Anticipatory Bail can be granted to the petitioners for a limited period to enable them seek appropriate Bail Orders from the concerned Court.

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10.Accordingly, Interim Anticipatory Bail is granted to the Petitioners herein till 01.08.2016. The Petitioners are directed to be enlarged on Bail in the event of their arrest or on their appearance before the Judicial Magistrate concerned, subject to the following conditions:

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(i) Each of the Petitioner shall execute a Personal Bond for a sum of Rs.10,000- (Rupees ten thousand only) with two sureties, to the satisfaction of the Respondent-Police or the Police Officer, who intends to arrest or to the satisfaction of the Magistrate concerned;

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(ii) within the said period, ie., before 01.08.2016, the petitioners shall appear before the concerned Court of Jurisdiction and move for Anticipatory Bail before the said Court.

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11. This Court makes it very clear that Inerim Anticipatory Bail pertaining to Inter-State disputes cannot be sought as a matter of right and it is purely the discretion of the Court in granting the same, considering the facts, circumstances and also the nature of offences. It is also made clear that this order, on being produced, shall be punctually observed and executed by all concerned.”

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In view of the decisions cited supra, I am inclined to grant interim interstate anticipatory bail to the petitioner till 04.01.2022. Accordingly, interim interstate anticipatory bail is granted to the petitioner till 04.01.2022. The petitioner is directed to be enlarged on bail in the event of arrest or on his appearance before the first respondent police and on further condition that: https://hcservices.ecourts.gov.in/hcservices/

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(i) the Petitioner shall execute a Personal Bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, to the satisfaction of the Respondent-Police or the Police Officer, who intends to arrest or to the satisfaction of the Magistrate concerned;

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(ii) within the said period, i.e., before 04.01.2022 the petitioner shall appear before the concerned Court of Jurisdiction and file an appropriate application for regular bail before the said Court.

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-sd/-

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03/12/2021

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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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1 THE V METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

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

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3 THE INSPECTOR OF POLICE, PERIAMED POLICE STATION, CHENNAI-3.

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4 THE COMMISSIONER OF POLICE, VEPERY, CHENNAI-7

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5 THE INSPECTOR OF POLICE BISFI POLICE STATION, BISFI TALUK, MADHUBAI DISTRICT, BIHAR STATE

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6 THE SUPERINTENDENT OF POLICE, MADHUBANI, MADHUBANI DISTRICT. BIHAR STATE.

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

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7 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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+1CC to M/S. S.ARUNKUMAR Advocate on payment of necessary charges SR.NO.14034

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CSK 09/12/2021

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

Mohammad Kamran Alias MD Chand v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Mohammad Kamran Alias MD Chand v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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