Allowed

Rajkumar v. State Rep by Its

Madras HC13 Dec 2024CRL OP/30397/2024

Case brief

AI extract

What is this about?

Petitioner, charged with possessing fermented wash and arrack, was granted anticipatory bail in the first instance due to health issues and tribal status. Order imposes strict conditions including regular reporting, bond execution, and prohibition on tampering with evidence.

What did the court decide?

Petitioner granted anticipatory bail with conditions of bond execution, weekly reporting, and prohibition on tampering with evidence or absconding.

Rajkumar Vs State Rep by Its — Anticipatory Bail | Madras HC (2024)

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CRL OP. 30397 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-12-2024

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CORAM

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THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

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CRL OP. 30397 of 2024

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RAJKUMAR S/O KUPPAN THATTARANAI VILLAGE, THANDARAMPATTU TALUK, THIRUVANNAMALAI DISTRICT

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PETITIONER(S)

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STATE REP BY ITS STATION HOUSE OFFICER, PEW THIRUVANNAMALAI POLICE STATION, THIRUVANNAMALAI DISTRICT CRIME.NO. 380/2024

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RESPONDENT(S)

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For Petitioner(s):

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ANBU SELVAN S.SANTHOSH GOVERNMENT ADVOCATE (CRL.SIDE)

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For Respondent(s):

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ORDER

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The case of the prosecution is that the petitioner was found possessing 800 litres of

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Fermented wash and 120 litres of ID arrack.

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The learned counsel for the petitioner would submit that the petitioner is

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https://www.mhc.tn.gov.in/judis innocent and he belongs to Scheduled Tribe. The respondent has found contraband

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near the farm of the petitioner and thereby the name of the petitioner has been

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implicated in this case. He would submit that the petitioner is partially blind and also

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suffering from spinal cord problem and he is in constant treatment. Therefore, he

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would seek for bail.

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Learned Government Advocate (Crl.side) would submit that the petitioner

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has one previous case of similar nature registered in the year 2024.

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Having heard the learned counsel for the petitioner and the learned

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Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Thandarampattu, Thiruvannamalai District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees

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Ten 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 said Magistrate, on further condition that:

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[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; https://www.mhc.tn.gov.in/judis

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[b] the petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of two weeks and thereafter on every Saturday at 10.30 a.m., until

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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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[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 269 of BNS.

13-12-2024

shl

STATE REP BY ITS STATION HOUSE OFFICER, PEW THIRUVANNAMALAI POLICE STATION, THIRUVANNAMALAI DISTRICT CRIME.NO. 380/2024

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

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A.D.JAGADISH CHANDIRA, J.

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Shl

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Crl.O.P.No.30397 of 2024

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13.12.2024

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

Rajkumar v. State Rep by Its

Case brief

What is this about?

What did the court decide?

Rajkumar v. State Rep by Its

Case brief

What is this about?

What did the court decide?

What the court decided

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