Allowed

Sargunam v. The Inspector of Police

Madras HC18 May 2023CRL OP(MD)/9229/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner in a case involving offences under Sections 294(b), 354, and 323 IPC. The court imposed conditions including weekly police reporting, execution of a bond with sureties, and prohibitions on tampering with evidence or absconding.

What did the court decide?

Petitioner released on bail with conditions including weekly police reporting, bond execution with sureties, and prohibitions on tampering or absconding.

Sargunam Vs The Inspector of Police — Cheque Dishonour | Madras HC (2023)

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CRL OP(MD). No.9229 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 : 18/05/2023

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PRESENT

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The Hon`ble Mrs.Justice T.V.THAMILSELVI

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CRL OP(MD). No.9229 of 2023

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Sargunam ... Petitioner/Sole Accused

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State Rep.by The Inspector of Police, Nchiyarkoil Police Station, Nachiyarkoil, Thanjavur District. Crime No.233 of 2023. ... Respondent/Complainant For Petitioner : M/s.P.Chandrasekar, Advocate. For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side)

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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.233 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, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 354 and 323 of IPC, in Crime No.233 of 2023 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that there was a dispute regarding carry mud for neighbour of the defacto complainant through the backyard of the house of the defacto complainant. Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution.

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4.The learned Government Advocate (Crl.Side) would submit that no previous case is pending against the petitioner.

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

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CRL OP(MD). No.9229 of 2023

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5.Considering the facts and circumstances of the case and also considering the fact that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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

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in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.II, Kumbakonam, Thanjavur District, 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 learned Magistrate concerned and on further conditions 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 learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

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(b) the petitioner shall report before the respondent police once in a week i.e., on every Wednesday at 10.30 am., for a period of two months and thereafter, as and when required for interrogation.

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(d) the petitioner shall not abscond 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 Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

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(f) if the accused / petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/-

18/05/2023

/ TRUE COPY /

/05/2023

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.