Allowed

Stalin v. The Inspector of Police

Madras HC24 Mar 2021CRL OP(MD)/4526/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner, a sole accused in a land dispute case involving public nuisance and false charges, subject to conditions including appearance before the Magistrate, execution of a bond, reporting to police, and non-tampering with evidence or witnesses.

What did the court decide?

Petitioner released on bail in event of arrest with conditions including appearance before Judicial Magistrate, execution of bond with sureties, and reporting to police.

Stalin Vs The Inspector of Police — Cheating and Forgery | Madras HC (2021)

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CRL OP(MD). No.4526 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 24/03/2021

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PRESENT

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The Hon`ble Mr.Justice M.NIRMAL KUMAR

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CRL OP(MD). No.4526 of 2021

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Stalin ... Petitioner/Sole Accused

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The State rep.by The Inspector of Police, Vathalai Police Station, Vathalai, Trichy District. Crime No.115 of 2021. ... Respondent/Complainant

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For Petitioner : Mr.K.Arunraj,

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Advocate.

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For Respondent : Mr.K.Suyambulinga Bharathi, 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.115 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 petitioner, who is the sole accused, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b) and 506(i) of I.P.C., in Crime No.115 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 land dispute, there was a wordy quarrel between the petitioner and the defacto complainant, in which, the petitioner was said to have abused the defacto complainant by using filthy language and also attacked him with hands. Hence the present complaint.

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

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CRL OP(MD). No.4526 of 2021

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3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent.

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4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that no one sustained injury.

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5.The learned Government Advocate(Crl.Side) appearing for the respondent Police submitted that no one sustained injury.

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6.Considering the facts and circumstances of the case and also considering the fact that due to land dispute the occurrence said to have taken place and no one sustained injury, 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 his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Musiri, 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 to 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 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]; and;

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CRL OP(MD). No.4526 of 2021

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

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sd/24/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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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1.THE JUDICIAL MAGISTRATE, MUSIRI.

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2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

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3.THE INSPECTOR OF POLICE, VATHALAI POLICE STATION, VATHALAI, TRICHY DISTRICT.

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

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ORDER

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IN CRL OP(MD) No.4526 of 2021 Date :24/03/2021 VSG TK/PN/30.03.2021/3P/5C

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Stalin v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Stalin v. The Inspector of Police

Case brief

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What did the court decide?

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