R.Manikandan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:06.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.15852 of 2021 P.Manikandan ... Petitioner Vs.

State through of Inspector of Police, Maruthur Police Station, Cuddalore District.

(Crime No.89 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.89 of 2021 on the file of the respondent police. For Petitioner : Mr.G. Anbu Saravanan For Respondent : Mr.A. Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner who was arrested on 15.06.2021 and remanded to judicial custody for the offence under Sections 302 of IPC in Crime No.89 of 2021 on the file of the respondent police, seeks bail.

2. The petitioner is arrayed as A2. The case of the prosecution is that the mother of A1 said to have illegal intimacy with the deceased . Due to which A1 along with the petitioner and other accused said to have murdered the deceased. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he was known to A1 and he was only present in the scene of occurrence. That apart he has not committed any offence as alleged by the prosecution and the petitioner has been in jail from 09.07.2021. Therefore, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there is no previous case pending against the petitioner. He further submits that investigation is pending. However, he vehemently opposed for grant of bail to the petitioner.

5. Considering the period of incarceration suffered by the petitioner and there is no previous case pending against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions:

6. 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.I, Chidambaram, 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 a.m. until further orders;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 06/09/2021 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, CHIDAMBARAM.

2 THE CHIEF JUDICIAL MAGISTRATE, CUDDALORE DISTRICT (FOR INFORMATION).

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, MARUTHUR POLICE STATION, CUDDALORE DISTRICT.

5 THE OFFICER INCHARGE, SUB JAIL, CUDDALORE.

CC to M/S.G.ANBU SARAVANAN Advocate on payment of necessary charges CRL OP.15852/2021 Date :06/09/2021 INBA 07/09/2021