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Jesu @ Murugan v. The Inspector of Police

Madras HC14 Jun 2023CRL OP(MD)/10454/2023

Case brief

AI extract

What is this about?

This judgment considers a petition for anticipatory bail under Section 438 Cr.P.C. The court granted anticipatory bail to the petitioner subject to conditions including reporting to police, executing a bond, and not tampering with evidence, considering the injured has been discharged.

What did the court decide?

Petitioner released on bail in event of arrest or appearance within fifteen days, conditioned upon bond execution, reporting to police daily for two weeks, and not tampering with evidence or abscondin

Jesu @ Murugan Vs The Inspector of Police — Bail and Remand | Madras HC (2023)

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CRL OP(MD). No.10454 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 14/06/2023

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PRESENT

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The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

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CRL OP(MD). No.10454 of 2023

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Jesu @ Murugan ... Petitioner/Sole Accused

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The State rep.by, The Inspector of Police, Sivagiri Police Station, Tenkasi District. Crime No.189 of 2023..

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... Respondent/Complainant

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For Petitioner : M/s.Pandian M, Advocate.

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For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor

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

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PRAYER :-

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For Anticipatory Bail in Crime No.189 of 2023 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioner/sole accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 294(b),324 and 506(ii) of IPC in Crime No. 189 of 2023 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that due to previous enmity the petitioner herein abused and assaulted the defacto complainant and threatened with dire consequences.

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Heard both side and perused the materials available on record including the First Information Report.

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Taking into consideration of the facts and circumstances of https://www.mhc.tn.gov.in/judis the case and also the fact that the injured has been discharged from

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CRL OP(MD). No.10454 of 2023

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the hospital, this court is inclined to grant anticipatory bail to the petitioner , with certain conditions:

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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 on which the order copy made ready, before the learned Judicial Magistrate, Sivagiri on condition that the petitioner shall execute 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 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 petitioner 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 petitioner shall report before the respondent police daily at 10.30 am., for a period of two weeks and thereafter as and when required for interrogation.

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[c] 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

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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 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.

sd/-

14/06/2023

/ TRUE COPY /

Madurai Bench of Madras High Court,

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AAV

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

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CRL OP(MD). No.10454 of 2023

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1.THE JUDICIAL MAGISTRATE, SIVAGIRI.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

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3 THE INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, TENKASI DISTRICT.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.M.PANDIAN, Advocate ( SR-8640[I] dated 14/06/2023 )

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ORDER

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CRL OP(MD) No.10454 of 2023 Date :14/06/2023 RK/MMS/SAR (19.06.2023) 3P/6C

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

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Jesu @ Murugan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Jesu @ Murugan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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