G.Manikandan v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Date : 13.05.2021 PRESENT THE HON`BLE MR.JUSTICE G.CHANDRASEKHARAN CRL OP. No.9199 of 2021 G.Manikandan @ Maaka ... Petitioner/Accused Vs The State Rep. by The Inspector of Police, B5, Walajabad Police Station, Walajabad,Kanchipuram District.

Crime No.142 of 2021 ... Respondent/Complainant For Petitioner : Mr.M.Dinesh For Respondent : Mr.S.Karthikeyan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the Petitioner on bail in connection with Crime No.142 of 2021 on the file of the respondent police.

ORDER

The petitioner, who was arrested on 21.04.2021 for the offences punishable under Sections 147, 148, 294(b), 323, 324,506(ii) of IPC and Section 4 of TN Prohibition of Harassment of Women Act and Section 3(1) of the TNPPDL Act in Crime No.142 of 2021,on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and the defacto complainant are the neighbours and due to wordy quarrel, the defacto complainant lodged a complaint and the same was registered as Crime No.142 of 2021. As a counter, the second accused in Crime No.142 of 2021 lodged another complaint and the same was also registered as Crime No.143 of 2021.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he is in judicial custody from 21.04.2021 and seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent police opposes this petition.

5. Taking note of the facts and circumstances of the case and the fact that the petitioner is in judicial custody from 21.04.2021, 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 sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kancheepuram and on further condition 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 report before the respondent police daily at 10.30 am., 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 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/- 13/05/2021 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.II, KANCHEEPURAM 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, B5, WALAJABAD POLICE STATION, WALAJABAD, KANCHIPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE, SUB JAIL, KANCHEEPURAM CC to M/S.M.DINESH Advocate on payment of necessary charges CRL OP.9199/2021 Date :13/05/2021 RVR 17/05/2021