Allowed

V.M.Venkateswaran v. State Rep by

Madras HC5 Feb 2024CRL OP/954/2024

Case brief

AI extract

What is this about?

Accused sought anticipatory bail in a case over a property dispute, alleging he threatened the Tahsildar during a land survey. The Court granted anticipatory bail on conditions including bond with sureties, an affidavit of apology before the Magistrate, daily police reporting for two weeks, and no tampering with evidence.

What did the court decide?

Anticipatory bail granted on executing Rs.10,000 bond with two sureties and compliance with stated conditions.

V.M.Venkateswaran Vs State Rep by — Anticipatory Bail | Madras HC (2024)

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Crl.OP.No.954 of 2024

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Crl.O.P.No.954 of 2024

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C.V.KARTHIKEYAN,J.

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The petitioner/accused in Crime No.1561 of 2023 registered by the respondent police for the offences punishable under Sections 353 and 506(ii) of IPC seeks anticipatory bail .

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It is stated that the petitioner and the defacto complainant have a continuous dispute with respect to property in Survey No.183/17A2, 183/21A, totally measuring 1.12 acres at Arumbakkam in Thiruvallur District. It is stated that an application had been given to the Tahsildar, to survey the lands and survey had been conducted, but, it is stated that the petitioner went over to the office of the Tahsildar, Tiruttani and threatened him.

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Let the petitioner, filed an affidavit before the Judicial Magistrate, Tiruttani to apolize for the act done and that he would proceed with the matter in the manner known to law.

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

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Crl.OP.No.954 of 2024

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Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner subject to the following 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, Tiruttani 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 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 file an affidavit the petitioner before the Judicial Magistrate, Tiruttani to apolize for the act done.

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

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Crl.OP.No.954 of 2024

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[c] the petitioner shall report before the respondent police on

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everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

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trial.

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[f] 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.

05.02.2024

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

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Crl.OP.No.954 of 2024

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C.V.KARTHIKEYAN,J.

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Crl.O.P.No.954 of 2024

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05.02.2024

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

V.M.Venkateswaran v. State Rep by

Case brief

What is this about?

What did the court decide?

V.M.Venkateswaran v. State Rep by

Case brief

What is this about?

What did the court decide?

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