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Logesh @ Logeswaran v. the State Rep by Its

Madras HC19 Nov 2024CRL OP/28447/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a murder case registered under Sections 147, 148, 294(b), 323, 324, 427, 302 IPC read with 149 IPC, alleging he was falsely implicated and co-accused had already been granted anticipatory bail. The court granted anticipatory bail with conditions including regular reporting before the Judicial Magistrate III, Pondicherry.

What did the court decide?

Anticipatory bail granted on bond of Rs.15,000 with two sureties; petitioner to appear before Judicial Magistrate III, Pondicherry within fifteen days and report daily at 10:30 a.m. until further orde

Logesh @ Logeswaran Vs the State Rep by Its — Murder and Culpable Homicide | Madras HC (2024)

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Crl.O.P.No.28447 of 2024

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Crl.O.P.No.28447 of 2024

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A.D.JAGADISH CHANDIRA, J.

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The petitioner, who apprehends arrest in connection with Crime No.23 of 2024, registered for offences punishable under Sections 147, 148, 294(b), 323, 324, 427, 302 IPC r/w. 149 IPC, on the file of the respondent Police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner along with other accused abused and attacked the son of the de facto complainant with knife aged about 28 years due to which he died, was an auto driver leaving behind his parents. Hence, the complaint.

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Learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that the petitioner was not aware that, he was added in this case. He would submit that some of the co-accused was granted anticipatory bail in Crl.O.P.No's.18899 & 22522 of 2024 by this Court. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed the grant of anticipatory bail to the petitioner.

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

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Crl.O.P.No.28447 of 2024

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Learned Public Prosecutor (Pondicherry) appearing for the

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respondent police while opposing for grant of anticipatory bail to the petitioner, would submit that the petitioner damaged the victims vehicle and prevented the victim from the place and other accused assaulted and committed the murder. He would further submit that investigation is pending committal in P.R.C.No.80 of 2024, before learned Judicial Magistrate III, Pondicherry and the petitioner is shown as an absconding accused.

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Heard the learned Counsel for the Petitioner, the learned Public

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Prosecutor (Pondicherry) for the respondent and perused the entire materials available on record.

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Considering the above facts and circumstances of the case, the submissions made by the learned counsel on either side, and also that the facts attributed to the petitioner that some of the similarly placed persons have granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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

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event of arrest or on his appearance, within a period of fifteen days from the

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

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Page 2 of 4

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Crl.O.P.No.28447 of 2024

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date on which the order copy made ready, before the learned Judicial Magistrate III, Pondicherry, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties, each 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 petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;

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[b] the petitioner shall report before the learned Judicial Magistrate III, Pondicherry on all working days at 10.30 a.m., until further orders;

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[d] the petitioner shall not abscond either during investigation or trial;

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

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Page 3 of 4

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Crl.O.P.No.28447 of 2024

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A.D.JAGADISH CHANDIRA, J.

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dsn

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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 Section 269 of B.N.S.

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19.11.2024

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dsn

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Crl.O.P.No.28447 of 2024

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

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Logesh @ Logeswaran v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

Logesh @ Logeswaran v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

What the court decided

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