Allowed

Sathiyamoorthi v. The Inspector Of Police

Madras HC27 Mar 2024CRL OP/5017/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a case over possession of cocks for cockfighting and alleged violence against police. Since co-accused had already been granted bail by the Court, anticipatory bail was granted subject to conditions.

What did the court decide?

Anticipatory bail granted on execution of Rs.10,000 bond with two sureties and conditions including daily police appearance for two weeks.

Sathiyamoorthi Vs The Inspector Of Police — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.5017 of 2024

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Crl.O.P.No.5017 of 2024

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C.V.KARTHIKEYAN, J.

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The petitioner/A10 in Crime No.117 of 2024 registered by the respondent police for the offences punishable under Sections 294(b), 353, 332 of IPC, r/w 12 of TN Gaming Act, 1930 subsequently altered into Sections 294(b), 307, 332, 353 of IPC r/w Section 12 of Tamil Nadu Gaming Act, 1930 seeks anticipatory bail.

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It is stated that on 18.01.2023, the respondent police found that the petitioner and other accused were in possession of Cocks for Cocks fighting. When the respondent police questioned, the accused had quarrelled with police leading to violence. It is also stated that the other co-accused have been granted bail by this Court.

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Taking that factor into consideration, this Court is inclined to grant anticipatory bail subject to the following conditions:

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

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Crl.O.P.No.5017 of 2024

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

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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-2, Tirupathur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees 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 this Court 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 appear before the respondent police every day 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 during investigation or trial.

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

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

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Crl.O.P.No.5017 of 2024

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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.

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27.03.2024

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

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Crl.O.P.No.5017 of 2024

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C.V.KARTHIKEYAN, J.

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Crl.O.P.No.5017 of 2024

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27.03.2024

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

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Sathiyamoorthi v. The Inspector Of Police

Case brief

What is this about?

What did the court decide?

Sathiyamoorthi v. The Inspector Of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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