Allowed

Kovai Chezhiyan v. State Rep by

Madras HC4 Mar 2024CRL OP/2415/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioners facing charges under Sections 365 and 347 IPC arising from a dispute over chit fund repayment. The Court imposed conditions including execution of bonds, daily police reporting, and non-interference with the investigation.

What did the court decide?

Petitioners released on anticipatory bail subject to execution of bonds for Rs.10,000/- with two sureties, daily police reporting, and non-interference.

Kovai Chezhiyan Vs State Rep by — Anticipatory Bail | Madras HC (2024)

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Crl.OP.No.2415 of 2024

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Crl.O.P.No.2415 of 2024

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C.V.KARTHIKEYAN,J.

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The petitioners/A4-A6 in Crime No.34 of 2024 registered by the respondent police for the offences punishable under Sections 365, 347 of IPC seek anticipatory bail.

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.It is stated that one of the sons of the defacto complainant was

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a subscriber in Sivam Chits at Karur. He had taken a chit for a sum of Rs.3,25,000/- and had failed to repay the monthly subscription. There was a due which accumulated and the accused persons are said to have abducted his brother necessitating lodging of the complaint and registration of the FIR. The defacto complainant had telephoned the police control number '100' and thereafter, the victim was secured. It is also stated that the other co-accused had been arrested and granted bail vide order 01.03.2024 in Crl.OP.Nos.4820 and 4825 of 2024.

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

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Crl.OP.No.2415 of 2024

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Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

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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 learned Judicial Magistrate IV, Tiruppur on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/(Rupees Ten Thousand only) 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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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.2415 of 2024

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[b] the petitioners shall report before the respondent 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

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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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04.03.2024

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

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Crl.OP.No.2415 of 2024

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C.V.KARTHIKEYAN,J.

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Crl.O.P.No.2415 of 2024

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04.03.2024

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

Kovai Chezhiyan v. State Rep by

Case brief

What is this about?

What did the court decide?

Kovai Chezhiyan v. State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

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