Allowed

Babu v. Inspector of Police

Madras HC11 Jul 2023CRL OP/13464/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to petitioners accused of offences under Sections 294(b), 324, and 506(ii) IPC. The incident involved a dispute at a bull-cart competition prevent dogs from participating. Conditions of reporting, bond execution, and non-tampering were imposed.

What did the court decide?

Petitioners granted anticipatory bail subject to execution of a bond of Rs. 25,000 with two sureties and adherence to specific conditions.

Babu Vs Inspector of Police — Cheating and Forgery | Madras HC (2023)

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Crl.O.P.No.13464 of 2023

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Crl.O.P.No.13464 of 2023

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G.CHANDRASEKHARAN. J.

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The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 324 and 506(ii) of IPC in Crime No.235 of 2023 on the file of the respondent police, seek anticipatory bail.

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Learned counsel for the petitioners submitted that, petitioners are falsely implicated in Crime No.235 of 2023 for the offences under Sections 294(b), 324 and 506(ii) of IPC with regard to a dispute in conducting erudhu vidum competition. Petitioners are innocent and thus, he prays for granting anticipatory bail to the petitioners.

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Learned Government Advocate (Criminal side) opposes this

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petition, on the ground that, defacto complainant is the incharge of organizing the erudhu vidum festival, on behalf of erudhu vidum sangam. Petitioners wanted to participate in the competition. During the competition, accused' bullock cart stopped in the midway. When they again wanted to participate, they were prevented from participating in the Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.13464 of 2023

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competition by the defacto complainant. Therefore, the accused had chased the cart of defact complainant, hit him with wooden log. As a result, defacto complainant suffered laceration over his parietal region measuring 5x1x2 cm, 3x1x11 cm, laceration over left occipital region measuring 1x1x1 cm and laceration over his left hand fourth finger measuring 3x1x1 cm and Abrasion over his right forearm measuring 3x3 cm. The injured had been discharged from the hospital. He also submitted that, on the basis of the complaint given by the accused, first information report in Crime No.239 of 2023 was registered against the defacto complainant.

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Considered the submissions and perused the records.

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In the nature of the offence and facts of the case and the fact

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that injured has been discharged from the hospital, this Court is of the view that, custodial interrogation of the petitioners is not necessary and the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.13464 of 2023

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the order copy made ready, before the learned Judicial Magistrate No.I, Krishnagiri on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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, failing which, the petition for anticipatory bail shall stand dismissed 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 everyday 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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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.13464 of 2023

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[e] On breach of any of the aforesaid conditions,

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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 absconds, a fresh FIR can be registered under Section 229A IPC.

11.07.2023

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.13464 of 2023

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G.CHANDRASEKHARAN. J.

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Crl.O.P.No.13464 of 2023

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11.07.2023

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https://www.mhc.tn.gov.in/judis

Babu v. Inspector of Police

Case brief

What is this about?

What did the court decide?

Babu v. Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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