R.Manikandan v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Manikandan ...Petitioner Vs.

State Represented by Inspector of Police, KRP Dam Police Station, Krishnagiri District.

[Crime No.60 of 2022] ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No. 60 of 2022 on the file of the respondent police.

For Petitioner : Mr.D.Jagadeesan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 27.06.2022 for the offences punishable under Sections 341, 147, 323, 363, 506(i) of IPC @ Sections 323, 506(i), 364(A) read with Section 120(B) of I.P.C, in Crime No. 60 of 2022 seeks bail.

2. The case of the prosecution is that, due to money dispute, the petitioner along with other accused kidnapped the defacto complainant and demanded Rs.10 lakhs. Hence, the case.

3. The learned counsel for the petitioner would submit that the defacto complainant's husband is running a chit fund, wherein the petitioner is one of the subscriber. The defacto complainant after collecting the money, he refused to return the matured chit amount. Hence, he lodged a false case against the petitioner. That apart, the petitioner has been suffering incarceration from 27.06.2022. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that, 2/6

a sum of Rs. 1,35,000/- has been recovered from the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances of the case, this Court is inclined to grant bail to the petitioner.

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 blood related sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court-I, Tirupattur, Tirupattur District 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 report before the respondent police twice daily at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or 3/6

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.

22.07.2022 Sma 4/6

To 1.Judicial Magistrate Court -I, Tirupattur, Tirupattur District.

2.Inspector of Police, KRP Dam Police Station, Krishnagiri District.

3.Sub Jail, Krishnagiri.

4.The Public Prosecutor, High Court of Madras 5/6

G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.17178 of 2022 22.07.2022 6/6