Manikandan v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1927 of 2022 Manikandan

...Petitioner

Vs.

State rep. by The Inspector of Police, Saravanampatti Police Station, Coimbatore District.

(Crime No. 1427 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail, in Crime No. 1427 of 2021 on the file of the Respondent police. For Petitioner : M/s.E.Kannadasan For Respondent : Mr.N.S.Suganthan (Government Advocate Crl. Side)

ORDER

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 30.12.2021 for the offences under Sections 294(b), 307, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition Harassment of Women Act, in Crime No. 1427 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant and the petitioner are neighbours. On the date of occurrence, there was a wordy quarrel between the petitioner and the defacto complainant and her husband with regard to the son of the defacto complainant playing in front of the house of the petitioner during which, the petitioner attacked the defacto complainant and her husband due to which, they sustained injuries. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and a false case has been foisted against him and that the petitioner

has been suffering incarceration for one more than one month from 30.12.2021. Hence, he would pray for grant of bail to the petitioner. 4.The learned Government Advocate (Crl. Side) would raise objection stating that the petitioner abused and attacked the defacto complainant and her husband with Aruval during a wordy quarrel in respect of children playing in front of the house of the petitioner but admits that the investigation is almost completed.

5. Considering the above facts and circumstances of the case and the fact that the investigation is almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

(a) Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release; (b) the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, before the Learned Judicial Magistrate, Additional Mahila Court, Coimbatore, within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically;

(c) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (d) the petitioner shall report before the respondent police on every Tuesday at 10.30 a.m. until further orders. (e) the petitioner shall not commit any offences of similar nature;

(f) the petitioner shall not abscond either during investigation or trial;

(g) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(h) on breach of any of the aforesaid conditions, the learned Judicial 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];

(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6.With the above directions, this Criminal Original Petition is ordered.

-sd/- 31/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, SARAVANAMPATTI POLICE STATION, COIMBATORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

CC to E.KANNADASAN Advocate on payment of necessary charges CRL OP.1927/2022 Date :31/01/2022 CSK 01/02/2022