Allowed

Ramkumar v. The Inspector of Police

Madras HC24 Jun 2021CRL OP(MD)/8254/2021

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail apprehending arrest in a case alleging assault with a dangerous weapon. The Court, noting the injured party was discharged, granted bail subject to strict conditions regarding reporting and non-rambling with evidence.

What did the court decide?

Petitioners released on anticipatory bail bond of Rs.10,000 each with two sureties, subject to reporting daily and other standard conditions.

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

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CRL OP(MD). No.8254 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 : 24/06/2021 PRESENT

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The Hon`ble Mr.Justice G.CHANDRASEKHARAN

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CRL OP(MD). No.8254 of 2021

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Ramkumar

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Rajesekar

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Manoj @ Manojkumar

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Sathees @ Satheeshkumar

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Suresh @ Nethili Suresh

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Prakash @ Muniya Prakash

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Munishwaran 8. Chandru @ Chandrasekaran ... Petitioners/Accused Vs

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State Rep. by The Inspector of Police, Rameshwaran Town Police Station, Ramanathapuram District. Crime No.189 of 2021.

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... Respondent/Complainant

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For Petitioners : Mr.Vairam Santhosh.G.V., Advocate.

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For Respondent : Mr.M.Muthumanikkam, 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.189 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 and 506(ii) of IPC in Crime No.189 of 2021, seek anticipatory bail.

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2.The case of the prosecution is that on 17.06.2021, at about 07.00 p.m., due to previous enmity, when the defacto complainant was https://hcservices.ecourts.gov.in/hcservices/ standing opposite to Senthurraja lodge along with his son, the

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CRL OP(MD). No.8254 of 2021

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accused came there and attacked the defacto complainant with iron rod and other weapons. His son was also attacked by the accused. Therefore, this case came to be registered.

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3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the injured has been discharged from the hospital.

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4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is not completed. However, he conceded that the injured has been discharged from the hospital.

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5.Considering the facts and circumstances of the case and the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

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6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Rameshwaram, Ramanathapuram District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 shall report before respondent police daily at 10.30 am., until further orders;

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

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[d] the petitioners shall not abscond 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 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]; and

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

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CRL OP(MD). No.8254 of 2021

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[ f ]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC. sd/24/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. 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, RAMESHWARAM, RAMANATHAPURAM DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. 3 THE INSPECTOR OF POLICE, RAMESHWARAN TOWN POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.8254 of 2021 Date :24/06/2021 sm JM/PN/SAR III/29.06.2021/3P/5C

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

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Ramkumar v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Ramkumar v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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