Manikandan @ Sarapambumani 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.8695 of 2022 Manikandan @ Sarapambumani .. Petitioner Vs.

The State rep. by The Inspector of Police, Periyapalayam Police Station, Thiruvallur District.

(Crime No.28 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in connection with the Crime No.28 of 2022 on the file of the Inspector of Police, Periyapalayam Police Station, Thiruvallur.

For Petitioner : Mr.G.Mohammed Aseef For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioner, who was arrested for the offences punishable under Sections 147, 148, 448, 294(b), 324, 307, 506(ii) of IPC read with Section 120 (B) of IPC in Crime No.28 of 2022, on the file of the respondent police, seeks bail.

2.The petitioner herein was arrested on 23.01.2022 in connection with the case registered for the alleged offences under sections 147, 148, 448, 294(b), 324, 307, 506(ii) of IPC read with Section 120 (B) of IPC. It is a case where due to previous enmity, the petitioner and others have gone to the house of the defacto complainant and attacked him with deadly weapon causing grievous injury all over his body.

3.Learned Additional Public Prosecutor appearing for the respondent states that the injured is still taking treatment and the final report could not be filed for want of final medical certificate.

4.Taking note of the fact that almost 88 days has lapsed from the date of arrest of the petitioner and the investigation is almost completed, this Court is inclined to grant bail to this petitioner. 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 District Munsif Cum Judicial Magistrate, Uthukkottai;

(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 Arakonam and report before Arakonam Town Police 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/- 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, UTHUKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION)

3 THE SUPERINTENDENT, CENTRAL JAIL, PUZHAL, CHENNAI 4 THE INSPECTOR OF POLICE/ STATION HOUSE OFFICER, ARRAKONAM TOWN POLICE STATION, ARRAKONAM 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 INSPECTOR OF POLICE, PERIYAPALAYAM POLICE STATION, THIRUVALLUR DISTRICT.

CC to M/S. G.MOHAMMED ASEEF Advocate on payment of necessary charges Sr.5727 CRL OP.8695/2022 Date :18/04/2022 RVR 18/04/2022