Manikandan v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :13.07.2023
CORAM
THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Manikandan
...Petitioner
Vs.
The State Rep by The Inspector of Police, C-2 Race Course Police Station, Crime No.81 of 2023 Coimbatore district. ...Respondent. PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in connection with the case in Crime No.81 of 2023 on the file of respondent Police. For Petitioner : Mr.C.A.Ramanan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side) 1/7
ORDER
The petitioner, who was arrested and remanded to judicial custody on 28.02.2023 for the offences punishable under Section 147, 148, 302 & 506 (2) I.P.C in Crime No.81 of 2023 on the file of the respondent police, seeks bail.
2.The learned counsel for the petitioner submitted that, petitioner has not involved in alleged murder of Sathiyapandi. The only allegation against the petitioner is that he helped the accused in screening the weapon used for the commission of murder. He is in judicial custody from 28.02.2023. Therefore, he prays for grant of bail to the petitioner. 3.In response, the learned Government Advocate (Criminal Side) submitted that deceased murdered by the accused in a gang rivalry. On 12.02.2023, using dangerous weapon like aruval first accused and other accused caused injury to the deceased. The allegation against the petitioner is that he helped the accused in screening the weapon. 2/7
4.In reply, the learned counsel for the petitioner submitted that one of the accused namely Rafeek Ahamed was granted anticipatory bail by this Court in Crl.O.P.No.11899 of 2023 on 01.06.2023. 4.Considered the rival submissions and perused the records. 5.Considering the facts of the case and that the allegations against the petitioner is that he helped the accused in screening the weapon and the fact that one of the accused had granted anticipatory bail in Crl.O.P.No.No.11899 of 2023 and also considering that the petitioner is in judicial custody from 28.02.2023, this Court is inclined to grant bail to the petitioner with 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.3, Coimbatore, and on further 3/7
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 daily at 10.30.a.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 4/7
can be registered under Section 229A IPC.
13.07.2023 ep To 1.The Judicial Magistrate No.3, Coimbatore.
2.The Inspector of Police, C-2 Race Course Police Station, Coimbatore district.
3.Central Prison, Coimbatore.
4.The Public Prosecutor, High Court of Madras 5/7
G.CHANDRASEKHARAN. J.
ep 6/7
13.07.2023 7/7