Manivannan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7622 of 2022 Manivannan .. Petitioner Vs.

The State rep. by The Inspector of Police, Udayarpalayam Police Station, Ariyalur District.

(Crime No.26 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pertaining to Crime No.26 of 2022 pending investigation on the file of the respondent police.

For Petitioner : Mr.P.ParthiKannan For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********

O R D E R

The petitioner, who was arrested for the offences punishable under Sections 147, 148, 307 of IPC read with Section 3 of Explosive Substances Act 1908 in Crime No.26 of 2022, on the file of the respondent police, seeks bail.

2. This petitioner was arrested based on the complaint given by one leader of the political party alleging that while he was proceeding in Innova car, heard blast sound and stopped the vehicle and found that 10 known persons tried to kill him, he immediately fled from the scene of occurrence.

3.Learned Additional Public Prosecutor for the respondent submitted that the deadly weapons were recovered from the accused persons and they were arrested and aruval was recovered.

4. Considering the nature of the complaint and the investigation has been substantially completed and the fact that no one was injured, this Court is inclined to grant bail to the petitioner subject to certain conditions. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions; (a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Jayankondam.

(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 Madurai and report before the Thallakulam Police Station 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/- 01/04/2022 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.II, JAYANKONDAM.

2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR DISTRICT. [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, UDAYARPALAYAM POLICE STATION, ARIYALUR DISTRICT.

4 THE INSPECTOR OF POLICE/ STATION HOUSE OFFICER, THALLAKULAM POLICE STATION, MADURAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

+1 CC to M/S. P.PARTHIKANNAN Advocate on payment of necessary charges SR.NO. 5008 CRL OP.7622/2022 Date :01/04/2022 RW 04/04/2022