Allowed

P.Vijayakumar v. the Inspector of Police

Madras HC12 May 2021CRL OP/8847/2021

Case brief

AI extract

What is this about?

The High Court of Madras granted anticipatory bail to the petitioner in a criminal complaint alleging forgery and cheating. The order included conditions for reporting, execution of bond, and non-tampering of evidence.

What did the court decide?

The petitioner was ordered to be released on bail in the event of arrest for execution before the Judicial Magistrate Court at Vaniyambadi.

P.Vijayakumar Vs the Inspector of Police — Cheating and Forgery | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.05.2021

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CORAM

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THE HONOURABLE MRS.JUSTICE S.KANNAMMAL

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Crl.O.P.No.8847 of 2021

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P.Vijayakumar ... Petitioner

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Vs.

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State by: Inspector of Police, Thimmampettai Police Station, Tirupattur District. (Crime No.18 of 2021)

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... Respondent

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Prayer:

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Petition filed under Section 438 of Cr.P.C., seeking to enlarge the petitioner on bail in the event of his arrest in Crime No.18 of 2021 on the file of the respondent Police.

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For Petitioner : Mr.M.Premkumar

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For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side) O R D E R

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The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 468, 471, 420 I.P.C. r/w 109 I.P.C. in Cr.No.18 of 2021 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that the accused along with the other accused created forged document and obtained loan. The petitioner is arrayed as A2 in the case.

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3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and that he has been falsely implicated in the case. He further submitted that the co-accused has already been granted anticipatory bail by this Court in Crl.O.P.No.6424 of 2021 on 19.04.2021.

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4.Heard the submissions made by the learned Government Advocate (Criminal Side).

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5.Considering the fact that the co-accused has already been granted anticipatory bail by this Court in Crl.O.P.No.6424 of 2021, this Court is inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/ petitioner.

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6.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 Court at Vaniyambadi, 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 and 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 Court concerned 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 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]; and;

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

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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 JUDICIAL MAGISTRATE, VANIYAMBADI. 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION]

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3 THE INSPECTOR OF POLICE
THIMMAMPETTAI POLICE STATION,
TIRUPATTUR DISTRICT.
4 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
+1CC to M/S.M.PREMKUMAR Advocate on payment of necessary
charges SR NO.6108
CRL OP.8847/2021
Date :12/05/2021
MK:21/06/2021

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

P.Vijayakumar v. the Inspector of Police

Case brief

What is this about?

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P.Vijayakumar v. the Inspector of Police

Case brief

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