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Thangavel v. The Inspector of Police

Madras HC17 Jun 2021CRL OP(MD)/7337/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to six accused persons facing charges under various IPC sections, including those for riot and hurt, in a case stemming from a civil dispute. The court imposed conditions, including a police visit report and a mandatory deposit in the Chief Minister Public Relief Fund.

What did the court decide?

Released on bail by executing a bond with sureties, reporting to police, not tampering with evidence, and depositing Rs. 1,000 in the CMPRF.

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

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CRL OP(MD). No.7337 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 : 17/06/2021 PRESENT

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The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.7337 of 2021 1. Thangavel, 2. Lakshmi, 3. Chandra @ Chandramathi, 4. Kanthan, 5. Karthick, 6. Kanagaraj ... Petitioners/Accused Nos.1 to 6 Vs

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State rep.by The Inspector of Police, Musiri Police Station, Musiri, TrichyDistrict. (Crime No.192 of 2021) ... Respondent/Complainant

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For Petitioners : M/s.Arunraj.K., Advocate. For Respondent : Mr.K.Sanjai Gandhi, 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.192 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) and 379 I.P.C in Crime No.192 of https://hcservices.ecourts.gov.in/hcservices/ 2021 on the file of the respondent police, seeks anticipatory bail.

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CRL OP(MD). No.7337 of 2021

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2 .The case of the prosecution is that due to the civil dispute, the petitioners assaulted the defaco complainant and also scolded him with filthy language. Hence, the Complaint.

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3 .The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioners.

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4 .The learned Government Advocate (criminal side) would submit that with regard to the civil dispute, there was a dispute between the parties. It is a case of case in counter. He further submitted that the injured was discharged from the hospital on 13.05.2021.

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5.Considering the facts and circumstances of the case and also considering the fact that the injured discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Musiri, within a period of fifteen days from the date of resumption of regular work in subordinate Courts, on their executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each with two sureties each for a like sum to the satisfaction of the said Magistrate and on further condition that:

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[a] the petitioners 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 petitioners are directed to deposit a sum of Rs .1,000/(Rupees One Thousand only) each to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), within a period of two weeks without prejudice to their rights and contentions before the trial Court;

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[c] the petitioners shall report before the respondent police as and when required for interrogation;

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[d]the petitioners shall not tamper with evidence or witness either during investigation or trial;

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[e]the petitioners shall not abscond 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 https://hcservices.ecourts.gov.in/hcservices/

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CRL OP(MD). No.7337 of 2021

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against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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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[g] If the accused/petitioners thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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sd/-

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17/06/2021

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/ TRUE COPY /

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/ /2021

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

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Madurai - 625 023.

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MSA

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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, TRICHY DISTRICT.

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

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

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

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COPY TO

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THE OFFICER INCHARGE CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI-9.

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ORDER IN CRL OP(MD) No.7337 of 2021 Date :17/06/2021 KM:RSK:SAR4(22.06.2021) 3P 6C

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

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Thangavel v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Thangavel v. The Inspector of Police

Case brief

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What did the court decide?

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