Manikandan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4725 of 2022 1 MANIKANDAN [ PETITIONERS / ACCUSED ] 2 SANKAR 3 PREETHA 4 JAYAPRIYA 5 MURUGAMMAL 6 KUMAR Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, BARUR POLICE STATION, KRISHNAGIRI DISTRICT.

(CRIME NO.17 OF 2022) For Petitioner : MR.SENTHIL VEL FOR M/S.E.KANNADASAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners herein apprehend arrest on the hands of the respondent police in view of the complaint given by the defacto complainant for the offence punishable under Sections 147, 148, 294 (b), 323, 324, 341 and 506(i) of IPC in Crime No.17 of 2022.

2. On perusing the FIR, it seems that there is a land dispute between the petitioner's family members and the defacto family members, in which, the alleged occurrence had taken place.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any such offences as alleged by the prosecution. He further submitted that they have been falsely implicated in this case.

4. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent.

5. Considering the above facts, this Court is inclined to grant anticipatory bail to the petitioners 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the District Munsif Cum Judicial Magistrate, Pochampalli on condition that the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) if the petitioners failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c) the petitioners shall report before the Investigation Officer daily at 10.30 a.m., until further orders (d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and;

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

-sd/- 28/02/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, POCHAMPALLI, KRISHNAGIRI.

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

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.E.KANNADASAN Advocate on payment of necessary charges SR.No.3067 CRL OP.4725/2022 Date :28/02/2022 CSK 07/03/2022