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Indian v. the Inspector of Police

Madras HC12 Feb 2024CRL OP/52/2024

Case brief

AI extract

What is this about?

Accused in a cheating and criminal intimidation case arising from a broken promise to marry sought anticipatory bail. After noting that the victim's Section 164(5) Cr.P.C statement was recorded and perused, the Court granted anticipatory bail with a Rs.10,000 bond, two sureties, daily reporting for two weeks, and conditions against tampering and absconding.

What did the court decide?

Anticipatory bail granted on Rs.10,000 bond with two sureties, daily reporting for two weeks, and standard conduct conditions

Indian Vs the Inspector of Police — Anticipatory Bail | Madras HC (2024)

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Crl.OP.No.52 of 2024

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Crl.O.P.No.52 of 2024

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C.V.KARTHIKEYAN,J.

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The petitioner/accused in Crime No.33 of 2023 registered by the

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respondent police for the offences punishable under Sections 417, 312 and 506(i) of IPC seeks anticipatory bail .

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It is the case of the defacto complainant that the petitioner

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had promised to marry her. The statement of the victim under Section 164(5) of Cr.P.C has been recorded and also perused by the Court.

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Let the respondent proceed further with the investigation

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and the defacto complainant may tender credible evidence during the course of trial.

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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.52 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, Kalasapakkam, 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, 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 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 there after as and when required for interrogation.

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

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Crl.OP.No.52 of 2024

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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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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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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

12.02.2024

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

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Crl.OP.No.52 of 2024

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C.V.KARTHIKEYAN,J.

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Crl.O.P.No.52 of 2024

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12.02.2024

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

Indian v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Indian v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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