Manikandan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.4786 of 2022 Manikandan ... Petitioner Vs.

State rep. by The Inspector of Police, Veeranam Police Station, Salem District.

(Crime No.28 of 2022) ... 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.28 of 2022 on the file of Respondent of police.

For Petitioner : Mr.W.Camyles Gandhi For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested on 27.01.2022 for the offences punishable under Sections 392 read with 397 of IPC in Crime No.28 of 2022, on the file of the respondent police, seeks bail.

2. The petitioner was arrested on 27.01.2022 for robbing Rs.500/- from the defacto complainant at knife point and he is in jail for the past 45 days.

3.Learned Additional Public Prosecutor appearing for the respondent states that the petitioner is a habitual offender and three previous cases are pending against him, in which two are similar in nature.

4.Considering the crime and the period of incarceration, this Court is inclined to grant bail to the petitioner and he is ordered to be released on bail subject to the following conditions; (a) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-IV, Salem.

(b) 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;

(c) the petitioner is directed to stay at Dharmapuri and report before Dharmapuri Town Police daily at 10.30 a.m. until further orders.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) 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]; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 15/03/2022 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, NO.IV, SALEM.

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

4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE OFFICER INCHARGE DHARMAPURI TOWN POLICE STATION, DHARMAPURI.

+1 CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.3889 CRL OP.4786/2022 Date :15/03/2022 JPA 15/03/2022