Mani @ Manikandan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.10401 of 2022 MANI @ MANIKANDAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PERALAM POLICE STATION, THIRUVARUR DISTRICT.

(CRIME NO.178/2022) For Petitioner : M/S.P.MUTHAMIZHSELVAKUMAR Advocate For Respondent : M/S. A.DAMODARAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 02.04.2022 for the offences punishable under Sections 294(b), 353, 324, 506(ii), 307 of IPC in crime No.178 of 2022 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that the petitioner in a drunken mood disturbed the general public during the temple festival. At that time, when the defacto complainant questioned the same, the petitioner attacked him with stick, iron rod and beer bottle, thereby causing injuries. Hence the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he seeks for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that the petitioner has attacked the defacto complainant who is a policeman deployed for duty at temple festival, that too in a drunken mood. He would further submit that the injured has been discharged from hospital. However, he vehemently opposed to grant bail to the petitioner.

5.Considering the above facts and circumstances of the case, this Court is inclined to grant bail to the petitioner. 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 blood related sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate Court, Nannilam 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 Villupuram and report before the Inspector of Police, Villupuram Town Police Station, Villupuram daily at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter report before the respondent police daily at 10.30 a.m and 05.30 p.m. for a period of two weeks and thereafter report before the respondent police as and when required for interrogation. [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 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/- 06/06/2022 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 COURT, NANNILAM 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, PERALAM POLICE STATION, THIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY 6 THE INSPECTOR OF POLICE, VILLUPURAM TOWN POLICE STATION, VILLUPURAM CC to M/S.P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges CRL OP.10401/2022 Date :06/06/2022 RVR 07/06/2022