Irulandi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8715 of 2022 1.Irulandi 2.Muneeswaran .. Petitioners Vs.

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

(Crime No.110 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail pending disposal in Crime No.110 of 2022 on the file of the Thudiyalur Police Station, Coimbatore District.

For Petitioners : Mr.M.Saravanakumar For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioners, who were arrested on 01.02.2022 for the offences punishable under Sections 147, 148, 294(b), 506(ii) and 307 of IPC in Crime No.110 of 2022, on the file of the respondent police, seek bail.

2. The defacto complainant along with his friend Vijayakumar went to a petty shop, where Karthi asked him to give the balance amount and there was a wordy quarrel between the friends of Karthi and Manikandan leading to brutal attack with knife, in which Manikandan and Vimal sustained grievous injuries. The petitioners were arrested on 01.02.2022.

3.Learned Additional Public Prosecutor appearing for the respondent states that these two petitioners are hired killers engaged by the first accused to attack the defacto complainant. As against A2, seven previous cases are pending and as against A3, six

previous cases are pending. These two persons, who are residents of Ramanathapuram, have come to Coimbatore to kill the defacto complainant.

4.Considering the fact that these petitioners were arrested on 01.02.2022 and for the past 75 days, they are in prison and the police is not able to secure the remaining accused, though special team has been formed, this Court is inclined to grant bail to these petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions;

(a) Each of the petitioners 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 No.1, Coimbatore;

(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 petitioners are directed to stay at Coimbatore and report before the Investigating Officer twice daily at 10.00 a.m. and 05.00 p.m. until further orders.

(d) the petitioners 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/- 18/04/2022 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.I, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE(FOR INFORMATION) 3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, THUDIYALUR POLICE STATION, COIMBATORE DISTRICT +1 CC to M/S. M.SARAVANAKUMAR Advocate on payment of necessary charges SR.NO.5740 CRL OP.8715/2022 Date :18/04/2022 RVR 18/04/2022