T.Manikandan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.05.2021

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA CRL.OP.No.9373/2021

1. T.Manikandan

2. S.Anandhaprabhu

3. B.Suryakumar

4. J.Venkadeshkumar .. Petitioners

Versus

State rep.by The Inspector of Police Appakoodal Police Station, Erode District.

(Crime No.78 of 2021) .. Respondent Prayer:- Criminal Original Petition filed under Section 439 of the Code of Criminal Procedure seeking to enlarge the petitioners on bail in crime No.78 of 2021 pending investigation on the file of the respondent police.

For Petitioners :

Mr.C.S.Saravanan For Respondent :

Mr.E.Rajthilak Government Advocate (Crl.Side)

ORDER

The petitioners, who were arrested on 03.03.2021 for the offences punishable under Sections 294[b], 448, 352, 307 IPC @ 302 IPC in Crime No.78/2021 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the first petitioner's daughter was in love with the victim and on the date of occurrence, all the petitioners herein entered into the house of the victim and attacked him with knife and aruval. Though, the victim was admitted in hospital he succumbed to the injuries on 04.03.2021.

3.The learned counsel for the petitioners submitted that the petitioners are innocent and they are in judicial custody since 03.03.2021 and seeks bail for the petitioners. 4.The learned Government Advocate (Crl. Side) strongly opposes this petition on the ground that the investigation has not been completed.

5.Considering the period of incarceration and also the present COVID-19 Pandemic situation, this Court is inclined to grant bail to the petitioners.

(a) The petitioners are ordered to be released on bail on executing their own bond for a sum of Rs.10,000/- ( Rupees ten thousand only) each, before the Superintendent, Central Prison, Coimbatore and thereafter on their release;

(b) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the Judicial Magistrate No.I, Bhavani, within 15 days from the date of the commencement of the Court's normal functioning, failing which, the bail granted by this Court shall stand cancelled automatically;

(c) 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. (d) the petitioners shall report before the respondent police daily at 10.30 am., until further orders.

(e) the petitioners shall not abscond either during investigation or trial.

(f) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(g) 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].

(h)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 19/05/2021 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.I, BHAVANI.

2 THE CHIEF JUDICIAL MAGISTRATE ERODE [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, APPAKOODAL POLICE STATION, ERODE DISTRICT.

CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.9373/2021 Date :19/05/2021 cs 24/05/2021