Manikandan @ Mani v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Manikandan @ Mani ... Petitioner Vs.

The State represented by, The Inspector of Police, R.K.Pet Police Station.

(Crime No.108 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.108 of 2023, pending investigation on the file of the respondent Police.

For Petitioner : Mr.R.Balamurugan For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 21.02.2023, for the alleged offences punishable under Section 302 of IPC, in Crime No.108 of 2023, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the A1, who is the wife of the deceased, has an illicit intimacy with A2, due to which, A1 & A2 along with other accused, who are the friends of A2, had preplanned to do away with the husband of A1 and thereby, on 19.02.2023, they have committed murder of him by strangulating his neck. Hence, the case.

3. Learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, since he happens to be the friend of A2. He further submitted that even as per the defacto complainant, in the house of the deceased, he had seen two persons in a suspicious manner and also submitted that even the name of the petitioner does not find place in the First Information Report and the complaint was lodged only against A1. He also submitted no material evidence is available as against the petitioner, to implicate him in this case. He further submitted 2/6

that the petitioner is in custody from 21.02.2023 and he is ready to abide by any stringent conditions that may be available as against the petitioner. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the petitioner, who is arrayed as A3 in this case is the friend of A2. He further submitted that A2 had an illicit intimacy with A1, wife of the deceased, due to which, A1 & A2, along with petitioner and another accused, had committed murder of the husband of A1/deceased, by smothering and strangulating him. He also submitted that investigation in this case is pending, thereby, he vehemently opposed for grant of bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

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6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain condition.

7. 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, each for a like sum to the satisfaction of the learned Judicial Magistrate, Tiruttani, Thiruvallur, and on further conditions that: [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 stay at Tindivanam and report before the Tindivanam Police Station, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[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 Magistrate/Trial Court is entitled to take 4/6

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 abscond, a fresh FIR can be registered under Section 229A IPC.

13.04.2023 ham To

1. The Judicial Magistrate, Tiruttani, Thiruvallur.

2. The Inspector of Police, R.K.Pet Police Station.

3. The Puzhal Jail.

4. The Inspector of Police, Tindivanam Police Station, Tindivanam.

5. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

ham 13.04.2023 6/6