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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Mukesh Kumar – Appellant
Versus
State through rep. , by the Inspector of Police – Respondent
| Table of Content |
|---|
| 1. challenge to bail conditions imposed by high court. (Para 2 , 3 , 4) |
| 2. appellants contest imposition of bail condition. (Para 5) |
| 3. court finds merit in deleting bail conditions. (Para 6 , 7) |
| 4. conditions for bail must ensure cooperation in trial. (Para 8) |
| 5. final ruling allows appeal with specified conditions. (Para 9) |
ORDER :
1. Leave granted.
2. This appeal challenges the judgment and order dated 05.07.2024 passed by the High Court of Madras, in Crl.O.P.No.14070 of 2024.
3. Apprehending arrest in connection with a crime registered pursuant to First Information Report No.213 of 2023 dated 20.09.2023 lodged with Police Station Mambalam, District T. Nagar, in respect of offences punishable under Sections 406 , 420, 468 and 120B of the INDIAN PENAL CODE , 1860, the appellants preferred an application before the High Court seeking anticipatory bail in terms of Section 438 of the Code of Criminal Procedure, 1973 ("the Code" for short).
4. The High Court, vide impugned interim order dated 05.07.2024, granted interim anticipatory bail to the appellants herein and imposed multiple conditions upon the appellants for the same, amongst which a condition imposed by the High Cour
The court granted anticipatory bail under Section 438 of the Code, emphasizing the need for cooperation in the investigation while addressing the validity of serious allegations.
The main legal point established is the entitlement to anticipatory bail in connection with specific criminal offences under the IPC, subject to specified conditions.
The court has the discretion to grant anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, based on the circumstances of the case and the need for cooperation in the investiga....
The court may grant anticipatory bail based on the allegations in the First Information Report and the attending circumstances, if the case of anticipatory bail is made out.
Anticipatory bail is permissible when an individual is not implicated in final investigative reports and maintains active cooperation with authorities, especially when parity with co-accused is estab....
Anticipatory bail may be granted when allegations are civil in nature, ensuring proper conditions to safeguard judicial proceedings.
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