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Dhinesh (A6) v. the State Represented by Its

Madras HC10 Dec 2024CRL OP/30718/2024

Case brief

AI extract

What is this about?

The High Court in Crl.O.P.No.30718 of 2024 granted anticipatory bail to the petitioner in connection with a dacoity case punishable under Section 399 IPC, subject to specific conditions including reporting to police, executing a bond, and not tampering with evidence or witnesses, with penalties for absconding or breach of conditions.

What did the court decide?

Petitioner granted anticipatory bail on conditions including bond execution with sureties, daily reporting, and prohibitions on tampering with evidence or absconding.

Dhinesh (A6) Vs the State Represented by Its — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.30718 of 2024

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Crl.O.P.No.30718 of 2024

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A.D.JAGADISH CHANDIRA, J.

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Apprehending arrest in connection with Crime No.130 of 2017 registered for the offence punishable under Section 399 of IPC, the present petition has been filed seeking anticipatory bail.

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The case of the prosecution is that, on 20.02.2017, at about 5.00 a.m., when the respondent police on their regular patrol duty, at that time, the petitioner along with other accused were found to be in possession of lethal weapons and they planned to commit dacoity. Hence the case.

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Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

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The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, is that, the petitioner along with other accused was found to be in possession of knife, wooden log and torch light and they planned to commit dacoity from the public.

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

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Crl.O.P.No.30718 of 2024

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He would further submit that the other accused, A-1 to A-5 were arrested and released on bail.

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Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal 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.

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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 on which the order copy made ready, before the learned Judicial Magistrate No-II, Kancheepuram, 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

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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.30718 of 2024

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to ensure their identity;

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[b] the petitioner shall report before the respondent police everyday at 6.30 p.m., for a period of one week 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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[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 B.N.S.

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10.12.2024

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dsn

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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.30718 of 2024

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A.D.JAGADISH CHANDIRA, J.

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dsn

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Crl.O.P.No.30718 of 2024

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10.12.2024

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

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Page 4 of 4

Dhinesh (A6) v. the State Represented by Its

Case brief

What is this about?

What did the court decide?

Dhinesh (A6) v. the State Represented by Its

Case brief

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