Allowed

Amarnath @ Saravanan v. Inspector of Police

Madras HC3 Oct 2023CRL OP/19162/2023

Case brief

AI extract

What is this about?

This Criminal Original Petition seeks bail for the petitioner arrested on 20.01.2023 for theft. The Court granted bail conditioned on the petitioner executing a bond with sureties, reporting daily at the trial court, and refraining from absconding or tampering with evidence. The judgment referenced P.K.Shaji regarding recapture consequences.

What did the court decide?

The petitioner is released on bail on executing a bond of Rs.25,000 with two sureties, subject to conditions including daily reporting at the Court and prohibitions against tampering or absconding.

Amarnath @ Saravanan Vs Inspector of Police — Bail and Remand | Madras HC (2023)

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Crl.OP.No.19162 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.10.2023

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CORAM

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

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Crl.OP.No.19162 of 2023

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Amarnath @ Saravanan ...Petitioner

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Vs.

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State represented by its Inspector of Police, Edaikkal Police Station, Kallakurichi District. (Crime No.203 of 2017) ...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 relating to C.C.No.16 of 2018 pending before the Judicial Magistrate No.1, Ulundhurpet, Villupuram District.

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For Petitioner : Mr.T.Meganathan For Respondent : Mr.R. Kishore Kumar Government Advocate (Criminal Side)

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1/5 https://www.mhc.tn.gov.in/judis

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Crl.OP.No.19162 of 2023

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ORDER

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The petitioner, who was arrested and remanded to judicial custody

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on 20.01.2023 for the offence punishable under Section 379 IPC in Crime No.203 of 2017 on the file of the respondent police, seeks bail.

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2.The petitioner is facing trial in C.C.No.16 of 2018 before the Judicial Magistrate No.I, Ulundurpet, Villupuram District, for the offence under Section 379 IPC. During the course of judicial proceedings, the petitioner had not appeared before the Court. Necessitating Non-Bailable Warrant was issued on 09.12.2020. He was again arrested on 20.01.2023.

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Considering the above facts and circumstances of the case and the period of incarceration by the petitioner from 20.01.2023, this Court is inclined to grant bail to the petitioner subject to the following conditions.

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Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/ - (Rupees Twenty Five

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2/5

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

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Crl.OP.No.19162 of 2023

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Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, No.I, Ulundhurpet, Villupuram District and on further conditions that :-

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[a] 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 the Judicial Magistrate No.I, Ulundhurpet, Villupuram District, daily at 10.30.a.m., until completion of the trial.

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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 and the petitioner released on bail by the learned Magistrate/Trial

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Crl.OP.No.19162 of 2023

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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.

03.10.2023

Smv/nsl

Judicial Magistrate No.1, Ulundhurpet, Villupuram District.

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2.Central Jail, Salem.

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3.The Public Prosecutor, High Court of Madras

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Crl.OP.No.19162 of 2023

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C.V.KARTHIKEYAN. J.

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Smv

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Crl.O.P.No.19162 of 2023

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03.10.2023

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Amarnath @ Saravanan v. Inspector of Police

Case brief

What is this about?

What did the court decide?

Amarnath @ Saravanan v. Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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