Allowed

Chandrabose @ Bose v. The Inspector of Police

Madras HC9 Jun 2021CRL OP(MD)/7501/2021

Case brief

AI extract

What is this about?

Madr->as High Court Bench granted anticipatory bail to three accused in a case under IPC Section 379 and Mines and Minerals Act. Conditions included execution of personal bonds with sureties, appearance before Judicial Magistrate, non-absconding, and non-tampering with evidence, referencing the Supreme Court in P.K. Shaji vs. State of Kerala.

What did the court decide?

Petitioners ordered to be released on bail in case of arrest on executing personal bonds with two sureties each for Rs. 5,000/-, subject to conditions including appearance in Magistrate Court within o

Chandrabose @ Bose Vs The Inspector of Police — Bail and Remand | 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 : 09/06/2021

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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.7501 of 2021

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Chandrabose @ Bose

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Patwari @ Prabhu Doss Patwari

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Dineshkumar @ Dinesh ... Petitioners/Accused Nos.1 to 3

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State represented by The Inspector of Police, Boothalur Police Station, Thanjavur District. Crime No. 256 of 2021. ... Respondent/Complainant

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For Petitioner : Mr.Sivabalan K, Advocate.

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For Respondent : Mr.T.Senthilkumar, 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.256 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 apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC r/w 21(1) of Mines and Minerals Act in Crime No.256 of 2021 on the file of the respondent police and seek anticipatory bail.

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2.Heard the learned counsel for the petitioners 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 petitioners are not having any previous case.

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4.Considering the overall facts and circumstances of the case https://hcservices.ecourts.gov.in/hcservices/ and the current pandemic situation, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

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5 . Accordingly, the petitioners are 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] each with two sureties each for a likesum to the satisfaction of the respondent police and on further condition that the petitioners shall appear before the Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District and execute fresh personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] each 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 petitioners shall report before the respondent police as and when required for interrogation;

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

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[d]the petitioners 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.

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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, 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 https://hcservices.ecourts.gov.in/hcservices/ copy, shall be the responsibility of the advocate/litigant concerned.

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