Allowed

Chandrakumar Durai v. The Inspector of Police

Madras HC6 Jul 2021CRL OP(MD)/8642/2021

Case brief

AI extract

What is this about?

In a petition for anticipatory bail regarding a dispute over rent and property, the Madurai Bench of Madras High Court granted bail to the accused. The court imposed conditions including reporting daily, not tampering with evidence or witnesses, and not absconding, citing P.K. Shaji.

What did the court decide?

Petitioners granted bail with conditions: appearance within 15 days, bond with two sureties, daily reporting, no tampering with evidence/witnesses, no absconding.

Chandrakumar Durai Vs The Inspector of Police — Anticipatory Bail | 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 : 06/07/2021

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The Hon'ble Mr.Justice G.CHANDRASEKHARAN

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CRL OP(MD). No.8642 of 2021

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Chandrakumar Durai

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Pappal 3. Aandi 4. Santhakumari ... Petitioners/Accused No.1 to 4

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The State Rep. by The Inspector of Police, Vedasandur Police Station, Dindigul District. Crime No. 637 of 2021. ... Respondent/Complainant

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For Petitioners : Mr.Mathiyalagan R, Advocate.

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For Respondent : Mr.M.Muthumanikkam,

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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.637 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/A1 to A4 , who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147 and 506(ii) of IPC, in Crime No.637 of 2021, seek anticipatory bail.

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2.The defacto complainant is an advocate and he is having his officer at Old Police lane. The case of the prosecution is that on 15.02.2021, the defacto complainant's son had discussed with Muniyappan with regard to the purchase of 4.25 cents land with old building from SMJ.Alimohamed. When this was informed to the accused the accused under took to pay a rent of Rs.2000/- per month. For https://hcservices.ecourts.gov.in/hcservices/ the last three years the accused did not pay rents, not did they vacate the premises. When the defacto complainant tried to close

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the pit on the eastern side of the house, on 13.02.2021 at about 10.00am., all the accused persons formed an unlawful assembly and criminally intimidated the defacto complainant wielding wooden log and aruval. 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 pending.

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As indicated above there is a dispute with regard to the payment of rent and filling pit on the eastern side of the house. No one sustained injuries.

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6.Taking into consideration the facts and circumstances of the case and also the fact that except 506 (ii) of IPC, other offence is bailable offences, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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7.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, Vedasandur 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 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 https://hcservices.ecourts.gov.in/hcservices/ 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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[ f ]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

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sd/06/07/2021 / 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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THE JUDICIAL MAGISTRATE, VEDASANDUR.

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DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

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THE INSPECTOR OF POLICE, VEDASANDUR POLICE STATION, DINDIGUL DISTRICT.

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

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ORDER

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CRL OP(MD) No.8642 of 2021 Date :06/07/2021

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AAV

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TE/AKM/SAR-III : 08/07/2021 : 3P/5C

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

Chandrakumar Durai v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Chandrakumar Durai v. The Inspector of Police

Case brief

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