Allowed

Sunil @ Kishore Kumar v. Station House Officer

Madras HC6 Mar 2024CRL OP/2693/2024

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the applicant in an FIR registered for offences under the Arms Act and IPC. The grant was subject to conditions including execution of a bond, daily reporting to police for three weeks, and non-interference with evidence or witnesses.

What did the court decide?

Anticipatory bail granted subject to bond of Rs.10,000 with two sureties and compliance with conditions including daily police reporting and non-tampering.

Sunil @ Kishore Kumar Vs Station House Officer — Anticipatory Bail | Madras HC (2024)

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Crl.OP.No.2693 of 2024

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Crl.O.P.No.2693 of 2024

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C.V.KARTHIKEYAN,J.

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The petitioner seeks anticipatory bail in Crime No.218 of 2023 registered by the respondent police for the offence punishable under Sections 25(1-B), (b) of Arms Act, 34 B IX of Police (Pondicherry Amendment Act, Section 506(ii) & 34 of IPC.

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It is stated that the respondent had received information

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about two persons threatening the general public and they were able to catch one person. This petitioner escaped.

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The matter has been adjourned since it has been stated by the respondent that the final report has been filed, but, the report has been received from the learned Judicial Magistrate-II, Puducherry dated 02.03.2024 in D.No.64 Jud/AM-2-Pondi stated that no final report has been filed till 01.03.2024, the signing of the report.

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In view of that fact, this Court is inclined to grant

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

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Crl.OP.No.2693 of 2024

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anticipatory bail to the petitioner subject to the following conditions:

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Accordingly, the petitioner is ordered to be released on bail in

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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-II Puducherry on condition that the petitioner shall execute a bond 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

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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 everyday at 10.30 a.m., for a period of three 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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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.2693 of 2024

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[d] the petitioner 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 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.

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06.03.2024

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C.V.KARTHIKEYAN,J.

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

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Crl.OP.No.2693 of 2024

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Crl.O.P.No.2693 of 2024

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06.03.2024

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

Sunil @ Kishore Kumar v. Station House Officer

Case brief

What is this about?

What did the court decide?

Sunil @ Kishore Kumar v. Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

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Coram

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