G.Manikandan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.17400 of 2021 Mani @ Manikandan @ Bottle Mani ... Petitioner Vs.

State rep by, The Inspector of Police, Royakottai Police Station, Krishnagiri District.

(Crime No.248 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail pending investigation in Crime No.248 of 2021on the file of the respondent. For Petitioner : Mr.M.P.Saravanan For Respondent : Mr.A.Gopinath Government Advocate (Crl side)

ORDER

The petitioner who was arrested on 04.09.2021 and remanded to judicial custody for the offences punishable under Sections 294(b), 353, 307 r/w 3(1) TNPPDL Act 1984, in Crime No.248 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that when the respondent police doing their patrol duty near Pochampalli river, the petitioner along with other accused persons in a drunken state was making public nuisance by disturbing the public. When the same was enquired by the respondent police, the petitioner along with other accused persons have abused them in filthy language and started throwing beer bottles against the police and caused damaged to the police vehicle worth about Rs.15,000/-. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is in no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 04.09.2021. He further submitted that co-accused had already been released on bail by this Court in Crl.O.P.No.16758 of 2021 dated 13.09.2021.Therefore, he prays to grant bail to the petitioner.

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

5. Considering the facts and circumstances of the case and also the fact that co-accused had already been released on bail and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following 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-II, Hosur .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/- 21/09/2021 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.II, HOSUR.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, ROYAKOTTAI POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M.P.SARAVANAN Advocate on payment of necessary charges CRL OP.17400/2021 Date :21/09/2021 JPA 22/09/2021