Court granted anticipatory bail to petitioners accused in a case involving cheating and intimidation. Bail is conditional upon depositing Rs.36 lakhs as bond and reporting to police every alternate day.
Anticipatory bail granted subject to deposit of Rs.36 lakhs, periodic reporting to police, and execution of bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.17028 of 2023 and Crl.M.P.No.12282 of 2023
Crl.O.P.No.17028 of 2023
RMT.TEEKAA RAMAN, J.
The petitioners/A1 to A3, who apprehend arrest at the hands of
the respondent police for the offence punishable under Sections 420, 406 and 506(I) of I.P.C, in Crime No.888 of 2022 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners herein have executed sale deed in favour of de-facto complainant and they received the entire sale consideration. Further, when the petitioners cleaning the property one Thennarasu claiming the ownership of the property and the complainant approached the petitioners for the said issue. For which, the petitioners threatened with dire consequence. Hence the case.
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Crl.O.P.No.17028 of 2023
respondent would submit that by earlier order dated 16.08.2023, this Court directed the parties to appear before the Mediation and the same was failed. However, he opposed for grant of anticipatory bail to the petitioners.
record including the FIR.
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Crl.O.P.No.17028 of 2023
Munsif-cum-Judicial Magistrate, Madhavaram, on condition that the
petitioner shall execute a separate 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[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.
[b] the petitioners are directed to deposit a sum of Rs.36,00,000/- (Rupees Thirty Six lakhs only) to the credit of Crime No.888 of 2022, before the concerned Magistrate within a period of eight weeks, failing which, the anticipatory bail shall stand dismissed;
[c] the petitioners shall report before the respondent Police, on every Wednesday and Saturday at 10.30 a.m., until further orders;
[d] the petitioners shall not tamper with evidence
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Crl.O.P.No.17028 of 2023
or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial.
[f] 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 petitioners 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].
[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
[h] Consequently, connected Crl.M.P is closed.
27.09.2023
nvi
RMT.TEEKAA RAMAN, J.
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Crl.O.P.No.17028 of 2023
nvi
Crl.O.P.No.17028 of 2023 and Crl.M.P.No.12282 of 2023
27.09.2023
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners accused of cheating, criminal breach of trust, and criminal intimidation.
Colour shows how this judgement treated each authority
3 provisions across 1 enactments
RMT TEEKAA RAMAN AND OTHERS
STATE REPRESENTED BY POLICE
RMT TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
