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Kumar v. The Sub Inspector of Police

Madras HC14 Dec 2021CRL OP(MD)/19895/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner in a criminal case involving assault, abuse, and property dispute, subject to stringent conditions including appearance before the police and execution of a bail bond with sureties.

What did the court decide?

Petitioner ordered to be released on bail upon arrest with a bond of Rs. 10,000 each with two sureties and appearance before police every Saturday.

Kumar Vs The Sub Inspector of Police — Bail and Remand | Madras HC (2021)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 14/12/2021

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PRESENT

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The Hon`ble Mr.Justice G.ILANGOVAN

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CRL OP(MD). No.19895 of 2021

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Kumar ... Petitioner/Accused No.1

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State rep.by The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District. (Crime No.476 of 2021).

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... Respondent/Complainant

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For Petitioner : M/s.J.C.Rathnavel Pandian, Advocate.

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For Respondent : M/s.SS.Madhavan 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.476 of 2021 on the file of the Respondent police.

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ORDER : The Court made the following order :-

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The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 342, 294(b), 323, 324 and 506(ii) and Section 4 of TNPHW Act, 2002, in Crime No.476 of 2021, on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that due to property dispute, in a drunken condition, the petitioner abused the defacto complainant in filthy language and also attacked him with knife and caused injuries to him. Therefore, the present case came to be registered.

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https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the

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prosecution. He would further submit that the petitioner is none other than the son of the defacto complainant and also submitted that now the compromise reached between the parties.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the injured has been discharged from the hospital and no previous case is pending against this petitioner

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5.Considering the facts and circumstances of the case and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, however, with stringent conditions.

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6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Radhapuram, Tirunelveli District, and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned; and the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

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7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

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/ /2021

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Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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tta

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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

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THE JUDICIAL MAGISTRATE, RADHAPURAM, TIRUNELVELI DISTRICT.

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-DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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THE SUB INSPECTOR OF POLICE, THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

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

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ORDER IN CRL OP(MD) No.19895 of 2021 Date :14/12/2021

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SP/VR/SAR IV/30/12/2021/3P/5C

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

Kumar v. The Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Kumar v. The Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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