Allowed

Gopi @ Gopinathan v. The Sub Inspector Of Police

Madras HC22 Feb 2024CRL OP/3974/2024

Case brief

AI extract

What is this about?

Petitioner, first accused in a case alleging harassment of a woman over Pongal money, sought anticipatory bail. The court granted it on conditions including a bond with sureties and daily police reporting for two weeks.

What did the court decide?

Anticipatory bail granted: release on arrest or appearance within 15 days before Judicial Magistrate-I, Poonamalle on a Rs.10,000 bond with two sureties and conditions.

Gopi @ Gopinathan Vs The Sub Inspector Of Police — Dowry and Cruelty | Madras HC (2024)

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Crl.OP.No.3974 of 2024

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Crl.O.P.No.3974 of 2024

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C.V.KARTHIKEYAN,J.

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The petitioner/A1 in Crime No.54 of 2024 registered by the respondent police for the offences punishable under Sections 294(b) and 323 of IPC and Section 4 of TN Prohibition of Harassment of Women Act with respect to an occurrence which took place on 26.01.2024 seeks anticipatory bail .

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It is stated that the defacto complainant was continuously

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harassed by the petitioner asking her to receive Pongal money. She refused when she came out in the street, it is stated that he had again physically harassed her. Later, the other accused also entered into the dispute.

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Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner subject to the

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

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Crl.OP.No.3974 of 2024

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following conditions:

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Accordingly, the petitioner is ordered to be released on bail

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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-I, Poonamalle 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 two weeks and thereafter as and when required for interrogation.

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[c] the petitioner shall not tamper with evidence or witness either

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

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Crl.OP.No.3974 of 2024

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during investigation or trial.

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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.

22.02.2024

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

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Crl.OP.No.3974 of 2024

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C.V.KARTHIKEYAN,J.

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Crl.O.P.No.3974 of 2024

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22.02.2024

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

Gopi @ Gopinathan v. The Sub Inspector Of Police

Case brief

What is this about?

What did the court decide?

Gopi @ Gopinathan v. The Sub Inspector Of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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