Allowed

Sudheer v. State Rep. by

Madras HC24 Nov 2023CRL OP/16997/2023

Case brief

AI extract

What is this about?

The High Court of Madras granted bail to the petitioner, an accused under the IPC for counterfeit currency offences, noting the protracted investigation. Bail was subject to a bond, appearance at police station, and cooperation in disclosing the source of fake notes, with rights to re-arrest upon breach.

What did the court decide?

Petitioner released on bail conditioned by surrendering to police daily, maintaining conduct, cooperating with investigation by disclosing source of fake notes, and executing a bond of Rs. 10,000.

Sudheer Vs State Rep. by — Cheque Dishonour | Madras HC (2023)

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Crl.O.P.No.16997 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.11.2023

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CORAM

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THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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Crl.O.P.No.16997 of 2023

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Sudheer

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...Petitioner/Accused

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Vs.

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State represented by the The Inspector of Police, K-11, CMBT Police Station, Koyambedu, Chennai.

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(Crime No.332 of 2023) ...Respondent

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PRAYER:

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Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No. 332 of 2023 on the file of respondent police on such terms and conditions.

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For Petitioner : Mr.P.Rameshkumar

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For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side)

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Crl.O.P.No.16997 of 2023

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ORDER

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The petitioner is A2 in Crime No.332 of 2023, registered by the K- 11, CMBT Police Station, Koyambedu, Chennai, for the offences punishable under Sections 489(B) and 489(C) of IPC.

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2.It is stated that the petitioner was found in possession of 18 numbers of Rs.500/- counterfeit currency notes. After the investigation had started, the investigation had been transferred to the Inspector of Police, CBCID Forgery Wing, Chennai. The petitioner had been in custody from 30.06.2023.

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3.On 19.09.2023, a learned Single Judge of this Court, taking consideration the fact that investigation has been in transit between two separate agencies, had granted interim bail to the petitioner herein. After the period of interim bail, the petitioner had surrendered before the respondent. The investigation is still pending.

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4.The brief facts of the case are that, A1, had purchased liquor and paid money, which was later found to be fake currency notes.

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Crl.O.P.No.16997 of 2023

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5.In view of the fact that investigation is being protracted and taking into consideration the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions:

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6.Accordingly, the petitioner is ordered to be released on bail on his

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executing 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 Metropolitan Magistrate, Special Court for Fake Currency, Chennai, and on further conditions that :-

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[a] the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity.

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[b] the petitioner shall report before K-11, CMBT Police Station, Koyambedu, Chennai, everyday at 10.30 a.m., until further orders.

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[c] the petitioner shall not abscond either during investigation or trial.

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[d] the petitioner shall not tamper with evidence or witness 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

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

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Crl.O.P.No.16997 of 2023

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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 [(3325)AIR SCW 5560].

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[f] If the accused thereafter absconds, a fresh FIR can be registered

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under Section 229A IPC.

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7.The petitioner should co-operate during the course of investigation and should disclose the fact that from where he obtained the fake currency notes. If the respondent police is not able to get sufficient co-operation or information from the petitioner herein, they are at liberty to file an application seeking to cancel this particular order.

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24.11.2023

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ata/rjr

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Crl.O.P.No.16997 of 2023

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The Metropolitan Magistrate, Special Court for Fake Currency, Chennai.

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The Central Prison, Puzhal, Chennai.

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3.The Inspector of Police, K-11, CMBT Police Station, Koyambedu, Chennai.

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4.The Public Prosecutor, High Court of Madras.

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Crl.O.P.No.16997 of 2023

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C.V.KARTHIKEYAN. J. ata

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Crl.O.P.No.16997 of 2023

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24.11.2023

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Sudheer v. State Rep. by

Case brief

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Sudheer v. State Rep. by

Case brief

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What did the court decide?

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