Manikandan@Vandu Mani v. State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :13.07.2023
CORAM
THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Manikandan @ Vandu Mani ...Petitioner Vs.
The State Rep by The Inspector of Police, E-4, Abiramapuram police Station, Chennai.
(Cr.No.444 of 2023)
...Respondent.
PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in S.C.No.251 of 2023 on the file of the learned VI Additional Sessions Judge, Chennai. For Petitioner : Mr.G.Pandian 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 16.11.2022 for the offences punishable under Section 450, 452, 302 r/w 120 B of I.P.C. in Crime No.444 of 2023 on the file of the respondent police, seeks bail.
2.The learned counsel for the petitioner submitted that, petitioner is falsely implicated in Cr.No.444 of 2023 registered for the offences under Section 450, 452, 302 r/w 120 B of I.P.C. He was detained under Goondas Act and now the detention order was revoked by this Court in H.C.P.No.177 of 2023 on 30.06.2023. Petitioner is in judicial custody from 16.11.2022. Therefore, he prays for grant of bail to the petitioner. 3.In response, the learned Government Advocate (Criminal Side) submitted that there is property dispute between the deceased Ponraj and A1. A2 is known to A1. They had assistance of A3 and A4 for murdering the deceased. On 12.11.2022, all the accused attacked the deceased with dangerous weapon. A1, A3 and A4 went inside the house of the deceased 2/7
and attacked with Aruval and caused his death. Investigation is completed.
4.Considered the rival submissions and perused the records. 5.Considering the nature of offence and the fact that co-accused A1, A2 and A4 had already been granted bail and that the petitioner is in judicial custody from 16.11.2022 and the investigation is completed, 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 XXIII M.M, Saidapet, 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 3/7
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 can be registered under Section 229A IPC.
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To 1.The XXIII M.M, Saidapet 2.The Inspector of Police, E-4, Abiramapuram police Station, Chennai.
3.Central Prison, Puzhal.
4.The Public Prosecutor, High Court of Madras 5/7
G.CHANDRASEKHARAN. J.
ep 6/7
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