Allowed

M. Tamil Selvan v. Inspector Of Police

Madras HC15 Feb 2024CRL OP/2326/2024

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to petitioners charged under IPC 379 for transporting stolen bricks. A non-refundable deposit of Rs. 5,000 and a personal bond of Rs. 10,000 with sureties were imposed, alongside strict conditions including daily police appearance.

What did the court decide?

Petitioners released on bail on condition of depositing Rs. 5,000 each and executing a bond of Rs. 10,000 each with two sureties.

M. Tamil Selvan Vs Inspector Of Police — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.Nos.2326 & 2314 of 2024

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Crl.O.P.Nos.2326 & 2314 of 2024

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C.V.KARTHIKEYAN , J.

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A5 has filed Crl.O.P.No.2326 of 2024 and A3 and A4 have filed

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Crl.O.P.No.2314 of 2024 both in Crime No.292 of 2023 registered by the respondent police under Section 379 of IPC.

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The earlier application seeking bail for A1 and A2 came up for consideration and granted the same.

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It is the case of the prosecution that in two separate lorries, the accused have transported 3,000 bricks each. The lorries had been intercepted. A1 and A2 are the driver and cleaner of the lorry. The present petitioners/ accused are the main culprits.

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However, taking all those factors into consideration this Court is inclined to grant anticipatory bail to the petitioners, but however, directing the petitioners to deposit a sum of Rs.5,000/- each (Rupees Five Thousand only) as non-refundable deposit to the credit of Crime No.292 of 2023,

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https://www.mhc.tn.gov.in/judis 1/4

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Crl.O.P.Nos.2326 & 2314 of 2024

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before the Judicial Magistrate No.I, Coimbatore. The said amount may be handed over by the Judicial Magistrate No.I, Coimbatore to the defacto complainant. It is made clear that by such deposit does not indicate the petitioners admitted to the offence.

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Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.I, Coimbatore, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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 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.

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[b] the petitioners shall report before the respondent

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https://www.mhc.tn.gov.in/judis 2/4

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Crl.O.P.Nos.2326 & 2314 of 2024

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police everyday at 10.30 a.m., until further orders.

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[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioners 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 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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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15.02.2024

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rjr

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https://www.mhc.tn.gov.in/judis 3/4

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3/4

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Crl.O.P.Nos.2326 & 2314 of 2024

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C.V.KARTHIKEYAN, J.

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rjr

¶29

Crl.O.P.Nos.2326 & 2314 of 2024

¶30

15.02.2024

¶31

https://www.mhc.tn.gov.in/judis 4/4

M. Tamil Selvan v. Inspector Of Police

Case brief

What is this about?

What did the court decide?

M. Tamil Selvan v. Inspector Of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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