Allowed

Ravichandran Ramachandran v. the State Rep by

Madras HC12 Feb 2024CRL OP/27903/2023

Case brief

AI extract

What is this about?

Court granted anticipatory bail to petitioners facing charges of theft and forgery regarding a car sale. Bail was subject to strict conditions including regular reporting, surety bonds, and prohibitions on tampering or absconding, citing P.K.Shaji case law.

What did the court decide?

Released on anticipatory bail subject to strict conditions including reporting, surety bonds, and prohibitions on tampering

Ravichandran Ramachandran Vs the State Rep by — Anticipatory Bail | Madras HC (2024)

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Crl.OP.No.27903 of 2023

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Crl.O.P.No.27903 of 2023

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C.V.KARTHIKEYAN,J.

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The petitioners/A2 and A3 in Crime No.395 of 2023 registered by

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the respondent police for the offences punishable under Sections 380,

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411, 419, 465, 468, 471 r/w 34 of IPC, seek anticipatory bail .

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The father of the defacto complainant had a Honda City Car. He died. A1 is the second wife. She took advantage of that situation and sold the car to a third party. The car had disappeared. The petitioners are the brother and sister-in-law of A1. The defacto complainant had given a complaint that using forged documents, the car had been sold.

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It is stated by the learned Government Advocate (Crl.Side) that

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name transfer had not been effected in the registration certificate of the car. He also stated that A1 had been arrested and granted bail.

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Taking all factors into consideration, this Court is inclined to

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grant anticipatory bail to the petitioners subject to the following conditions:

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

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Crl.OP.No.27903 of 2023

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Accordingly, the petitioners are ordered to be released on bail

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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-II, Alandhur, Chennai 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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[b] the 1^st petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and the 2^nd petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of two weeks and thereafter as and when required for

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

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Crl.OP.No.27903 of 2023

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interrogation.

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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.

12.02.2024

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

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Crl.OP.No.27903 of 2023

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