Allowed

Sivanesan v. The State of Tamilnadu

Madras HC9 Sept 2024/14966/2024

Case brief

AI extract

What is this about?

The Madurai Bench allowed an anticipatory bail petition filed by the petitioner, who accused a police officer pursuing him for offences including Section 147 and 148 IPC/rw Tamil Nadu Prohibition of Harassment Act. The court granted bail on the condition that the injured party had been discharged, subject to sureties and strict reporting conditions.

What did the court decide?

Petitioner released on bail subject to bond of Rs. 25,000 with two sureties, daily police reporting, and strict adherence to conditions of no further offences or witness tampering.

Sivanesan Vs The State of Tamilnadu — Anticipatory Bail | Madras HC (2024)

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CRL OP(MD). No.14966 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 09/09/2024

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PRESENT

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THE HON`BLE MR.JUSTICE B.PUGALENDHI

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CRL OP(MD). No.14966 of 2024

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Sivanesan

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... Petitioner/Accused Rank No.11

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The Inspector of Police, Vathalai Police Station, Tiruchirapalli District. Crime No. 83/2024.

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... Respondent/Complainant

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For Petitioner : Mr.V.S.Ariharasudhan, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL

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Under Section 482 of BNSS (Sec.438 of Cr.P.C)

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PRAYER :-

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For Anticipatory Bail in Crime No. 83 of 2024 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

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the alleged offence punishable under Sections 147, 148, 294(b), 324, 506(ii) and 427 of

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https://www.mhc.tn.gov.in/judis IPC r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002

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CRL OP(MD). No.14966 of 2024

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in Crime No.83 of 2024, 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 wordy quarrel between the petitioner along with other accused and the defacto complainant, in which, the petitioner abused the defaco complainant and his wife in filthy language and also attacked them with iron rod and caused injuries.

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3.Considering the nature of allegations and considering the condition of the injured at that relevant point of time, the earlier application filed by the petitioner was dismissed. Now, the petitioner has moved this application that the injured has been discharged from the hospital.

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4.Considering the subsequent development that the injured has been discharged from the hospital, this criminal original petition is allowed and 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 of receipt of a copy of this order, before the Judicial Magistrate Court, Musiri, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Musiri, Trichy and on further conditions that:

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i. The petitioner and the sureties shall submit a copy of

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their Aadhaar Card or any other identity card issued by

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

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CRL OP(MD). No.14966 of 2024

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the Government in proof of their residence address;

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ii. The petitioner shall appear before the respondent police

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daily twice at 10.30 a.m and 5.30 p.m, unitl further orders.

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iii. The petitioner shall not misuse the liberty granted to him

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by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

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iv. On violation of any of the above conditions by the

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petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

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sd/09/09/2024 / TRUE COPY /

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/09/2024

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Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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VRN

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1 THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

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3 THE INSPECTOR OF POLICE, VATHALAI POLICE STATION, TIRUCHIRAPALLI DISTRICT.

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

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CRL OP(MD). No.14966 of 2024

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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.V.S.ARIHARA SUDHAN, Advocate ( SR-11097[I] dated 10/09/2024 )

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ORDER IN CRL OP(MD) No.14966 of 2024 Date :09/09/2024

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RS/SG/SAR-(13.09.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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

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Sivanesan v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

Sivanesan v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

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