Allowed

Suthagar @ Sudhakar v. The Inspector of Police

Madras HC25 Jun 2021CRL OP(MD)/8359/2021

Case brief

AI extract

What is this about?

This order grants interim anticipatory bail to petitioners accused of affray and assault offences pending investigation, subject to execution of a bond with conditions.

What did the court decide?

Anticipatory bail granted upon execution of bond with two sureties and compliance with conditions including daily reporting and abstaining from tampering with evidence or witnesses.

Suthagar @ Sudhakar Vs The Inspector of Police — Bail and Remand | Madras HC (2021)

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CRL OP(MD). No.8359 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 : 25/06/2021

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PRESENT

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The Hon'ble Mr.Justice G.CHANDRASEKHARAN

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CRL OP(MD). No.8359 of 2021 (Through Video Conference)

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Suthagar @ Sudhakar

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Aravind

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... Petitioners/Accused No.3 & 4

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State rep. By The Inspector of Police, Karaikudi South Police Station, Sivagangai District.

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Crime No.352/2021 ... Respondent/Complainant

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For Petitioner : Mr.Sureshkumar.P., Advocate. 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.352 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/accused, 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) of IPC, in Crime No.352 of 2021, seek anticipatory bail.

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2.The case of the prosecution is that on 18.06.2021 at about 5:45 p.m. the accused have attacked the de facto complainant and his father causing injuries. Therefore, this case came to be registered.

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3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case.

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4.The learned Government Advocate (Crl.side) for the respondent strongly opposed this petition on the ground that investigation is not completed.

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

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CRL OP(MD). No.8359 of 2021

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It is seen from the submissions that two of the accused have been arrested and have also been released on bail. Considering the nature of the offence that had happened due to the issue that arose out of playing cricket, and also the fact that the injured has been discharged, 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-I, Karaikudi 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 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 shall report before the respondent police, daily at 10.30 a.m., 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

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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]; [ f ]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

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sd/-

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25/06/2021

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/ TRUE COPY / / /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 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.8359 of 2021

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1 THE JUDICIAL MAGISTRATE NO.I, KARAIKUDI.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

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3 THE INSPECTOR OF POLICE, KARAIKUDI SOUTH POLICE STATION, SIVAGANGAI DISTRICT.

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

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ORDER IN CRL OP(MD) No.8359 of 2021 Date :25/06/2021

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sts

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JM/PN/SAR III/30.06.2021/3P/5C

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

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Suthagar @ Sudhakar v. The Inspector of Police

Case brief

What is this about?

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Suthagar @ Sudhakar v. The Inspector of Police

Case brief

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