Allowed

Anandha kumar v. The Sub Inspector of Police

Madras HC12 May 2021CRL OP(MD)/6562/2021

Case brief

AI extract

What is this about?

In a bail petition under Section 439 CrPC, the Madras High Court considered the facts of a theft case involving stolen cattle. Considering the recovery of stolen goods and the period of custody, the court granted bail subject to specific conditions.

What did the court decide?

Release on bail with a bond of Rs.50,000, security deposit of Rs.5,000, and conditions to report monthly and not abscond.

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

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CRL OP(MD). No.6562 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Date : 12/05/2021

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PRESENT

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The Hon`ble Mr.Justice A.A.NAKKIRAN

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CRL OP(MD). No.6562 of 2021

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Anandha Kumar

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...Petitioner/Accused (Rank not Known

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The State Rep.by The Sub Inspector of Police, S.S.Kottai Police Station, Sivagangai District. Cr. No.13/2021.

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... Respondent/Complainant

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For Petitioner : Mr.Balasubramanian.N.,

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Advocate.

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For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side)

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PETITION FOR BAIL Under Sec.439 of Cr.P.C.

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PRAYER :-

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For Bail in Cr. No. 13 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 (rank not known), who was arrested on 09.04.2021 for the offences punishable under Sections 380, 109 and 413 of IPC in Crime No.13 of 2021 on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that the petitioner and other accused have stolen the cattles from the defacto complainant's farm, using the petitioner's vehicle.

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

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CRL OP(MD). No.6562 of 2021

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3.The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and the petitioner is in judicial custody from 09.04.2021, hence he may be granted bail.

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4.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that eight goats were recovered from the petitioner.

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5.Taking into consideration the facts and circumstances of the case, the period of incarceration and also fact that eight stolen goats were recovered, this Court is inclined to grant bail to the petitioner.

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Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Singampunari, Sivagangai District, and on further conditions that:

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[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar cards or Bank pass Books to ensure their identity.

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[b]the petitioner is directed to deposit a sum of Rs.5,000/(Rupees Five Thousand only) to the credit of IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), within a period of two weeks without prejudice to his rights and contentions before the trial Court;

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[c] the petitioner shall report before the respondent police on the first working day of every English Calendar month, at 10.30 a.m., until further orders.

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[d]the petitioner shall not abscond either during investigation or trial.

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[e]the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[f]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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https://hcservices.ecourts.gov.in/hcservices/

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CRL OP(MD). No.6562 of 2021

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[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/-

12/05/2021

/ 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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TO 1 THE JUDICIAL MAGISTRATE, SINGAMPUNARI, SIVAGANGAI DISTRICT. 2 DO THROUGHT THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE OFFICER INCHARGE, SUB JAIL, SIVAGANGAI.

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4 THE SUB INSPECTOR OF POLICE S.S.KOTTAI POLICE STATION, SIVAGANGAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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COPY TO:

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THE MANAGER, INDIAN OVERSEAS BANK, SECRETARIAT BRANCH, CHENNAI-9. ORDER IN CRL OP(MD) No.6562 of 2021 Date :12/05/2021

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AM/PN/SAR-2/12/05/2021/3P/7C

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

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Anandha kumar v. The Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Anandha kumar v. The Sub Inspector of Police

Case brief

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