Manivel v. Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Manivel 2.Arivumani ... Petitioners / A1 & A2 Vs.

State represented by The Station House Officer, Kattumannarkoil Police Station, Cuddalore District.

(Crime No.70 of 2024) ... Respondent / Complainant PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioners on bail in Crime No.70 of 2024 on the file of the respondent.

For Petitioners : Mr. M. Manimaran For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioners, who were arrested and remanded to judicial custody on 24.02.2024, registered for the offences under Sections 294(b), 323, 354 and 506(ii) of IPC in Crime No.70 of 2024 on the file of the respondent Police, seek bail.

2. It is the case of the prosecution that there was a dispute between the family of the petitioners and the defacto complainant regarding common pathway, which dispute escalated into violence. 3.It is stated that the injured had been discharged from the hospital. 4.Taking all these factors into consideration and also considering the period of incarceration suffered by the petitioners, I am inclined to grant bail to the petitioners subject to the following conditions: 5.Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned District Munsif -cum- Judicial Magistrate, Kattumannarkoil and on further conditions that:- [a] the sureties shall affix their photographs and Left 2/4

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 petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioners shall not abscond either during investigation or trial.

[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 Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

27.03.2024 smv 3/4

C.V.KARTHIKEYAN, J.

smv To 1.The District Munsif -cum- Judicial Magistrate, Kattumannarkoil. 2.The Station House Officer, Kattumannarkoil Police Station, Cuddalore District.

3.The Sub Jail, Chidambaram.

4. The Public Prosecutor, High Court of Madras.

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