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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 :
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.
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 Court was as under:
5. Challenging the imposition of the aforesaid condition for grant of bail, the appellants have preferred the present criminal appeal.
7. Considering the facts on record, in our view, the case for deletion of the aforesaid condition for grant of anticipatory bail is made out.
It is directed that the appellants shall extend complete cooperation in the trial of the instant case. The appellants shall not misuse their liberty in any manner. The other conditions imposed
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 may be granted when allegations are civil in nature, ensuring proper conditions to safeguard judicial proceedings.
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