Manju @ Manjunath v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Manju @ Manjunathan

...Petitioner/Accused-10

Vs.

State represented by The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District.

(Crime No.600 of 2021)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.600 of 2021 on the file of the respondent police on such terms and conditions. For Petitioner : Ms.Sengkodi For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/5

ORDER

The petitioner/A10 in Crime No.600 of 2021, registered by the respondent police for the offences under Sections 294(b), 506(ii) and 273 of IPC and Sections 7 and 20(1) of COTPA Act, 2003 and Sections 58 and 59 of Food Safety Act, 2006 @ 294(b), 506(ii), 273 and 328 of IPC and Sections 7 and 20(i) of COTPA Act, 2003 and Sections 58 and 59 of Food Safety Act, 2006, and the petitioner had been remanded to judicial custody on 09.01.2024 through execution of Prisoner in Transit warrant, seeks bail.

2.With respect to the very same offence, a learned Single Judge of this Court, by an order dated 25.02.2022, in Crl.O.P.No.3660 of 2022, had granted initially anticipatory bail to the petitioner. The conditions imposed were also not onerous. The petitioner was only directed to deposit a sum of Rs.20,000/- to the credit of Sri Arunodhayam Charitable Trust, A/c No.50100196910687, HDFC Bank, Dayalu Nagar, Villivakkam Branch, IFSC Code: HDFC0004221 and also to appear before the respondent police on every Saturday at 10.30 a.m., for a period of two months. For the reasons best known to the petitioner, the 2/5

petitioner did not comply with the said conditions. He was arrested in yet another case in Crime No.369 of 2023 by the respondent on 17.10.2023. Finding that fact out, the respondent had executed PT warrant against the petitioner and now he is under incarceration from 09.01.2024. 3.Since the learned Single Judge of this Court had already held that the allegations against the petitioner warrant anticipatory bail to be granted and taking into consideration the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions: 4.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Principal Subordinate Judge, Krishnagiri, and on further conditions that: - [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of two months and thereafter, as and when required for interrogation.

[c] the petitioner shall deposit a sum of Rs.20,000/- to the credit of Sri Arunodhayam Charitable Trust, A/c No.50100196910687, HDFC Bank, Dayalu Nagar, Villivakkam Branch, IFSC Code: HDFC0004221.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness 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 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

08.03.2024 ata C.V.KARTHIKEYAN.

J.

ata To 4/5

1. The Principal Subordinate Judge, Krishnagiri.

2. The Central Prison, Salem.

3.The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District.

4.The Public Prosecutor, High Court of Madras.

08.03.2024 5/5