Allowed

N.Marimuthu v. The Inspector of Police

Madras HC18 Jun 2021CRL OP(MD)/6325/2021

Case brief

AI extract

What is this about?

The petitioner sought anticipatory bail apprehending arrest for alleged offences including public nuisance and hurt. The Court considered that the injured was treated as an outpatient and offences were largely bailable. Bail was granted on conditions.

What did the court decide?

Petitioner released on bail via anticipatory bail order with conditions including bond execution, daily reporting, and prohibitions on tampering or absconding.

N.Marimuthu Vs The Inspector of Police — Domestic Violence | 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 : 18/06/2021

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PRESENT

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The Hon'ble Mr.Justice G.CHANDRASEKHARAN

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CRL OP(MD). No.6325 of 2021

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N.Marimuthu ... Petitioner/Accused No. not known

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The State Rep. by The Inspector of Police, Reddiarchathiram Police Station, Dindigul District. (Crime No. 155 of 2021). ... Respondent/Complainant For Petitioner : Mr.Samy.K.K., Advocate. For Respondent : Mr.M.Muthumanikkam, 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.155 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/accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 of IPC and Section 4 of TNPHW Act in Crime No.155 of 2021, seeks anticipatory bail.

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2.The case of the prosecution is that there was some money transaction between the petitioner and the defacto complainant. On 23.03.2021 at about 10.30 hrs when the defacto complainant asked money from the petitioner herein, he abused the defacto complainant in filthy language and also attacked her. Hence the complaint.

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3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this https://hcservices.ecourts.gov.in/hcservices/ case.

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4.The learned Government Advocate (Crl.side) for the respondent strongly opposed this petition on the ground that investigation is pending. However, he fairly conceded that the injured was treated as out patient.

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5.Taking into consideration the facts and circumstances of the

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case and the fact that the injured was treated as out patient and also the fact that except Section 4 of TNPHW Act all other offences are bailable in nature, 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 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, Oddanchanthiram 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 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, 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];

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[ f ]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/-

18/06/2021

/ TRUE COPY /

/ /2021

Sub-Assistant Registrar (C.S.) https://hcservices.ecourts.gov.in/hcservices/ 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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