Manikandan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6178 of 2022 Manikandan .. Petitioner Vs.

State rep. by The Inspector of Police, Dusi Police Station, Thiruvannamalai District.

(Crime No.34 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.34 of 2022 on the file of Respondent of police.

For Petitioner : Mr.R.Rajasekar For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested on 22.01.2022 for the offences punishable under Sections 341, 294(b), 392, 307, 336, 506(ii) of IPC read with 397 in Crime No.34 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that at the knife point, the petitioner herein robbed Rs.1500/- from the defacto complainant and there was an attempt to cause death.

3. Learned Additional Public Prosecutor appearing for the respondent states that the money recovered from the petitioner and there was no injury caused to the defacto complainant. The petitioner has not come to any adverse notice of the police except this case.

4. Considering, the above submissions made by the learned Additional Public Prosecutor, this Court grants bail to the petitioner herein 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, Cheyyar. (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 report before the Investigating Officer 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/- 17/03/2022 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, CHEYYAR,TIRUVANNAMALAI.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI DISTRICT [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, DUSI POLICE STATION, THIRUVANNAMALAI DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT JAIL, VELLORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.R.RAJASEKAR Advocate on payment of necessary charges SR.No.4091 CRL OP.6178/2022 Date :17/03/2022 CSK 21/03/2022