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Pothiraj v. The Inspector of Police

Madras HC22 Jul 2021CRL OP(MD)/9620/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner who feared arrest for offences of insulting a woman, causing hurt, and criminal intimidation. The court imposed conditions including reporting daily to the police and executing a bond with sureties.

What did the court decide?

Petitioner granted anticipatory bail with conditions to execute a bond, report daily, and not tamper with evidence or abscond.

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

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CRL OP(MD)No.9620 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 : 22/07/2021

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PRESENT

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The Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KURUP

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CRL OP(MD)No.9620 of 2021

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Pothiraj ... Petitioner/Accused (Sole)

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The State rep.by The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

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Crime No. 677 of 2021. ... Respondent/Complainant

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For Petitioner : Mr.R.L.DHILIPAN PANDIAN, 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 :-

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For Anticipatory Bail in Crime No. 677 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 petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 506(ii) IPC in Crime No.677 of 2021, seeks anticipatory bail.

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2.The learned counsel for the petitioner submitted that the petitioner had given contract for construction a building to the defacto complainant. The defacto complainant took Rs.5 Lakhs from him and he had not executed the work. Meanwhile, he demanded some more money. There upon, a wordy quarrel arose between the petitioner and the defacto complainant resulting in, the petitioner alleged to have caused injuries on the defacto complainant, resulting in https://hcservices.ecourts.gov.in/hcservices/ registering this case.

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CRL OP(MD)No.9620 of 2021

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3.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the defacto complainant was treated as out patient.

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4.Considering the submission of the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioner.

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5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Kovilpatti, Thoothukudi District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) 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 petitioner 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 petitioner shall report before respondent police daily at 10.30 am., until further orders.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner 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 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].

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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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/ TRUE COPY /

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/ /2021

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

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,

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CRL OP(MD)No.9620 of 2021

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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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1.THE JUDICIAL MAGISTRATE NO.II KOVILPATTI, THOOTHUKUDI DISTRICT.

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2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

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3.THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.

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

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ORDER IN CRL OP(MD) No.9620 of 2021 Date :22/07/2021

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SA/JM/SAR.3/26.07.2021/3P/5C

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

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Pothiraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Pothiraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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