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Kumar v. The Inspector of police

Madras HC6 Aug 2021CRL OP(MD)/8860/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to five accused persons. Considering that the injured party had been discharged from the hospital, the court imposed conditions including executing a bail bond with sureties, reporting for interrogation, and prohibiting tampering with evidence or witnesses.

What did the court decide?

Petitioners to be released on bail upon arrest or appearance within 15 days, subject to bond execution and specific conditions.

Kumar Vs The Inspector of police — Cheating and Forgery | Madras HC (2021)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Date : 06/08/2021

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PRESENT

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The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.8860 of 2021

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Kumar,

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Biju @ Baiju,

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Jegatheesh,

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Shyju,

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Selvaraj,

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... Petitioners/Accused 1 to 5

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The state rep. by The Inspector of Police, Arumanai Police Station, Kanniyakumari District. Crime No.337 of 2021) ... Respondent/Complainant

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For Petitioner : M/s.Mohanasundaram.R, Advocate. For Respondent : Mr.P.Kottai Chamy, 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.337 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 A5, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 448, 294(b), 324, 323 and 506(ii) of IPC, in Crime No.337 of 2021, seek anticipatory bail.

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2.The case of the prosecution is that the petitioners are said to have assaulted the defacto complainant with a knife and iron rod and also threatened him with dire consequences.

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3.The learned counsel for the petitioners submitted that the https://hcservices.ecourts.gov.in/hcservices/ petitioners are innocents and they have been falsely implicated in this case.

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4.The learned Government Advocate (Crl.side) for the respondent, on instructions, submitted that the injured has been discharged from the hospital.

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5.Taking into consideration of 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 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, Valliyoor, 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 the respondent police, as and when required for interrogation.

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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 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];

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

sd/-

/ TRUE COPY /

/ /2021

Sub-Assistant Registrar (C.S.)

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Madurai Bench of Madras High Court,

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Madurai - 625 023. https://hcservices.ecourts.gov.in/hcservices/ OGY

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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 learned Judicial Magistrate, Valliyoor.

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Do-Through The Chief Judicial Magistrate, Kanniyakumari.

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The Inspector of Police, Arumanai Police Station, Kanniyakumari District. (Crime.No. 337 of 2021).

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The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER IN CRL OP(MD) No.8860 of 2021

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Date : 06/08/2021

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CN/JM/S2(23.08.2021) 3P 5C

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

Kumar v. The Inspector of police

Case brief

What is this about?

What did the court decide?

Kumar v. The Inspector of police

Case brief

What is this about?

What did the court decide?

What the court decided

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