Allowed

Prabakaran v. the State Rep by Its

Madras HC11 May 2022CRL OP/10906/2022

Case brief

AI extract

What is this about?

The High Court at Madras granted anticipatory bail to the petitioner, Prabakaran, who faced allegations of public nuisance and criminal intimidation. The court held custodial interrogation unnecessary and directed release with specific conditions to ensure availability for investigation and trial.

What did the court decide?

Petitioner released on bail in the event of arrest, conditioned on executing a bond, reporting for interrogation, and not absconding or tampering with evidence.

Prabakaran Vs the State Rep by Its — Anticipatory Bail | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Wednesday, the Eleventh day of May Two Thousand Twenty Two

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PRESENT

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The Hon`ble Mr Justice V. SIVAGNANAM

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CRIMINAL ORIGINAL PETITION No.10906 of 2022

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PRABAKARAN [ PETITIONER / ACCUSED ]

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THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, S-11, POLICE STATION, WEST TAMBARAM, CHENNAI-600 045. CR.NO.NOT KNOWN OF 2022.

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For Petitioner : M/S.R.THIRUMOORTHY Advocate

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For Respondent : M/S.S.SUGENDRAN, Additional Public Prosecutor

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioner, who apprehends arrest for the alleged offences under sections 294(b), & 506(i) of IPC in Crime Not known of 2022 , on the file of the respondent police, seeks anticipatory bail.

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The allegation made in the First Information Report is that the petitioner, who pretends to be an Office Assistant, used to receive money from the public for getting patta.

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3.The learned counsel appearing for the petitioner submitted that the petitioner is doing social service and he used to help the illiterate people, who wants to get patta and other revenue related process and he has not committed any such offences as alleged by the prosecution. He further submitted that he has been falsely implicated in this case. Hence, he pleads for anticipatory bail.

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

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The learned Additional Public Prosecutor appearing for the respondent police, on instructions, submitted that now, a case in Crime No.291 of 2022 for the offence under Section 170 of IPC has been registered as against the petitioner based on the complaint given by the Tahsildar, Tambaram. He further submitted that there is no complaint from any public that the petitioner received money for getting patta and other revenue related documents.

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Considering the facts of the case and that there is no complaint from any public as against the petitioner, custodial interrogation of the petitioner is not necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioner.

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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.1, Tambaram on condition that the petitioner shall execute his own bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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 shall affix his photograph and left thumb impression in the surety bond and the Court concerned may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity;

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(b)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 has 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]; and;

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

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(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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-sd/-

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11/05/2022

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO

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1 THE JUDICIAL MAGISTRATE, NO.I, TAMBARAM.

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2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION]

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3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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4 THE INSPECTOR OF POLICE, S-11, POLICE STATION, WEST TAMBARAM, CHENNAI.

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+1 CC to M/S.R.THIRUMOORTHY Advocate on payment of necessary charges SR.NO.6905

CRL OP.10906/2022

Date :11/05/2022

TA-13/05/2022

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

Prabakaran v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

Prabakaran v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

What the court decided

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