Vellai Mani@Manikandan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Vellai Mani @ Manikandan ... Petitioner Vs.

State rep by The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District.

Crime No.101 of 2021.

... Respondent Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail concerned in Crime No.101 of 2021 pending on the file of the respondent.

For Petitioner : Mr.C.Ramkumar For Respondent : Ms.M.Prabhavathi Additional Public Prosecutor

O R D E R

The petitioner who was arrested on 20.02.2021 for the offence under Section 397 of I.P.C. in Cr.No.101 of 2021 on the file of the respondent police, seeks bail.

1/4

2.It is the case of the prosecution that the petitioner along with the other accused snatched the cell phone of the defacto complainant at knife point. The petitioner is arrayed as the second accused in the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor fairly conceded that there is no previous case pending against the petitioner. 5.Considering the period of incarceration undergone by the petitioner and the fact that there is no previous case pending against the petitioner, I am inclined to grant bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.V, Coimbatore and on further condition that: 2/4

(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, daily at 10.30 a.m. until further orders;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)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]; and;

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

08.04.2021 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 3/4

M.DHANDAPANI,J.

pri To 1.The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District.

Crime No.101 of 2021.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

08.04.2021 4/4