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Marimuthu v. The Inspector of Police

Madras HC8 Jun 2021CRL OP(MD)/7306/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to petitioner Marimuthu in Crime No.319 of 2021 alleging theft under IPC 379. Bail was granted subject to specific conditions including execution of personal bonds with sureties, appearance before the Magistrate, reporting for interrogation, and not tampering with evidence or witnesses.

What did the court decide?

Petitioner released on bail in event of arrest on executing personal bonds for Rs.5,000 with two sureties, subject to specific conditions.

Marimuthu Vs The Inspector of Police — Anticipatory Bail | Madras HC (2021)

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CRL OP(MD). No.7306 of 2021

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

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Date : 08/06/2021

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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.7306 of 2021

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Marimuthu ... Petitioner/Accused No.1

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The State Rep. by The Inspector of Police, Pattukottai Town Police Station, Thanjavur District. (Crime No.319 of 2021) ... Respondent/Complainant

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For Petitioner : Mr.K.M.Karunakaran, Advocate. For Respondent : Mr.T.Senthil Kumar, Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

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PRAYER :- For Anticipatory Bail in crime no.319/2021 on the file of the respondent police.

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ORDER : The Court made the following order :-

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The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No.319 of 2021 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 of 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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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] https://hcservices.ecourts.gov.in/hcservices/

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CRL OP(MD). No.7306 of 2021

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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, Thanjavur District, 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/-

08/06/2021

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

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CRL OP(MD). No.7306 of 2021

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THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.

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DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

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THE INSPECTOR OF POLICE, PATTUKOTTAI TOWN POLICE STATION, THANJAVUR DISTRICT.

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

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RMI

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MS/MNR/SAR-3/11.06.2021/3P.5C

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

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Marimuthu v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Marimuthu v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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