Allowed

Nehru v. The Inspector of Police

Madras HC11 Jun 2021CRL OP(MD)/7211/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner in Criminal Misc. No.7211 of 2021, imposing standard conditions regarding appearance, behavior, and execution of bonds upon arrest.

What did the court decide?

Petitioner granted anticipatory bail on conditions of executing personal bonds of Rs.5,000 with two sureties, reporting to police, and appearing before the Judicial Magistrate within one month.

Nehru Vs The Inspector of Police — Cheque Dishonour | Madras HC (2021)

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CRL OP(MD). No.7211 of 2021

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

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Date : 11/06/2021

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PRESENT

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The Hon'ble Mr.Justice G.R.SWAMINATHAN

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CRL OP(MD). No.7211 of 2021

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Nehru ... Petitioner/Accused

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Rank not known

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Vs State represented by, The Inspector of Police, Pattukottai Police Station, Thanjavur District. Crime No.1853/2020.

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... Respondent/Complainant

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For Petitioner : Mr.R.Venkatesan, Advocate

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For Respondent : Mr.T.Senthil Kumar, Government Counsel(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.1853 of 2020 on the file of the respondent Police.

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ORDER : The Court made the following order :-

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The petitioner apprehends arrest at the hands of the respondent police for the offence punishable under Sections 379 of IPC and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.1853 of 2020 on the file of the respondent police, and seeks anticipatory bail.

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2. Heard the learned counsel for the petitioner and the learned Government Counsel(Crl.side) for the respondent police.

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3. The learned Government Counsel(Crl.side) for the respondent submitted that the petitioner is not having any previous case.

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4 . Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.

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

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CRL OP(MD). No.7211 of 2021

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5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest by the respondent police on executing personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] with two sureties each for a likesum to the satisfaction of the respondent police and on further condition that the petitioner shall appear before the learned Judicial Magistrate, Pattukottai and execute fresh personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] with two sureties each for a likesum to the satisfaction of the concerned Judicial Magistrate, within a period of one month, from the date of resumption of regular work in subordinate Courts in view of the present pandemic situation and on further conditions that:

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[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bonds 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 shall report before the respondent police as and when required for interrogation;

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[c] the petitioner shall not abscond either during investigation or trial;

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[d] the petitioner shall not tamper with evidence or witness 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 abscond, a fresh FIR can be registered under Section 229A IPC.

sd/-

11/06/2021

/ TRUE COPY /

/ /2021

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

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

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CRL OP(MD). No.7211 of 2021

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