Manikandan v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024

CORAM

THE HON'BLE MR. JUSTICE K. KUMARESH BABU Manikandan ...petitioner Vs.

State represented by its The Inspector of Police, Varanjaram Police Station, Kallakurichi District, (Crime No.98 of 2024)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.98 of 2024 on the file of the respondent Police.

For petitioner : Mr. S. Arivazhagan For Intervenor : Mr.Krishnasamy Chinnasamy For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody 1/5

on 22.02.2024 for the offences registered by the respondent Police under Sections 294(b),323,324,506(2) and 307 of I.P.C in Crime No.98 of 2024, seeks bail.

2.The case of the prosecution is that there was previous enmity between the petitioner and the defacto complainant, due to which the petitioner attacked the defacto complainant and caused injuries to him. Hence, the complaint.

3.The learned Government Advocate (crl.side) stated that there is no previous case against the petitioner. He further stated that the injured discharged from the hospital.

4.Taking into consideration the period of incarceration and the fact that the injured discharged from the hospital, I am inclined to grant bail to the petitioner subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1,Kallakurichi District and on further 2/5

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 report before the respondent Police, everyday at 10.30 a.m., until further orders. [c] the petitioner shall surrender the pass port before the concerned authorities [d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] 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 3/5

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.

08.05.2024 smn To

1. Judicial Magistrate No.1,Kallakurichi District

2. The Inspector of Police, Varanjaram Police Station, Kallakurichi District

3. The Sub Jail, Kallakurichi.

4.The Public Prosecutor, High Court of Madras. 4/5

K. KUMARESH BABU.

J.

smn 08.05.2024 5/5