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Madras High CourtCRL OP/10017/2023granted

Manikandan v. State Rep By

2023-05-04Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.05.2023

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10017 of 2023 Manikandan ..Petitioner Vs.

State Represented by The Inspector of Police, Sholavaram Police Station, Thiruvallur District.

(Crime No.234 of 2023) ..Respondent PRAYER:Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.234 of 2023 on the file of The Inspector of Police, E-5, Sholavaram Police Station, Thiruvallur District. For Petitioner : Mr.P.Chandrasekar For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.03.2023 for the offence punishable under Sections 294(b) and 302 of IPC, in Crime No.234 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to money dispute, there was a wordy quarrel between the petitioner and the deceased. The petitioner assaulted the defacto complainant's father with knife, due to which the deceased sustained grievous injuries and died. Hence, the present 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 and he is no way connected with the offence as alleged by the prosecution. He further submitted that it was only a sudden provocation and there was absolutely no intention to murder the deceased. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner is a sole accused. Due to money dispute, there was a wordy quarrel between the petitioner and the deceased. At the time of demanding money, there was a wordy quarrel between the petitioner and the deceased and as such the petitioner assaulted the deceased with knife. Therefore, the deceased sustained grievous injuries and died. Hence, he vehemently opposed to grant bail to the petitioner.

5. It is seen that the petitioner is a sole accused. Due to money dispute, there was a wordy quarrel between the petitioner and the deceased. At the time of demanding money, there was a wordy quarrel between the petitioner and the deceased and as such the petitioner assaulted the deceased with knife. Therefore, the deceased sustained grievous injuries and died. The petitioner was arrested and remanded to judicial custody on 23.03.2023.

6. Considering the above facts and circumstances of the case, and also considering the period of incarceration undergone by the petitioner from 23.03.2023, this Court is inclined to grant bail to the petitioner.

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 No.II, Ponneri 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 Thirukazhukundram and report before the Inspector of Police, Thirukazhukundram Police Station daily at 10.30 a.m, and 05.00 p.m, for a period of four weeks and thereafter report before the respondent Police daily at 10.30 a.m., and 05.00 p.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 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.

04.05.2023 mn

To 1.The Judicial Magistrate No.II, Ponneri.

2.The Inspector of Police, Sholavaram Police Station, Thiruvallur District.

3. The Inspector of Police, Thirukazhukundram Police Station.

Thirukazhukundram.

4. The Central Prison, Puzhal.

5.The Public Prosecutor, High Court of Madras

G.K.ILANTHIRAIYAN, J.

mn Crl.O.P.No.10017 of 2023 04.05.2023