Manickam v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Manickam
...Petitioner/A1
Vs.
State Rep. by Inspector of Police, Thiruchengodu Rural Police Station, Namakkal.
(In Crime No.159 / 2022) ..Respondent PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to release the petitioner on bail in connection with the Crime Number No.159 of 2022 against the petitioner, on the file of the respondent viz. Thiruchengodu Rural Police Station, Namakkal Dt. For Petitioner : Mr.S.Kalyanaraman For Respondent : Mr.A.Damodaran, Additional Public Prosecutor For Intervenor : M/s.P.J.Anitha
ORDER
The petitioner, who was arrested and remanded to judicial custody on 13.06.2022 for the offences punishable under Sections 147, 148, 341, 294(b) & 307 of IPC in crime No.159 of 2022 on the file of the 1/5
respondent police, seeks bail.
2. The case of the prosecution is that, due to land dispute between both the parties, the accused persons attacked the victim using iron rod. Hence, the complaint.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in Judicial Custody from 13.06.2022 onwards. Hence, he prays for grant of bail to the petitioner.
4. The learned counsel appearing for the de-facto complainant/intervenor submitted that both the injured sustained grievous injuries and they suffered with fracture. Even now, they are not able to walk properly and they are taking treatment. However, the petitioner was arrested only on 13.06.2022. she also submitted that they had spent more than Rs.23,00,000/- for hospital expenditure. Therefore, she also prayed for any interim compensation payable by the petitioner 2/5
herein.
5. Considering the nature of the injury, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner shall pay an interim compensation for a sum of Rs.1,00,000/- (Rupees One Lakh Only) directly to the de-facto complainant in Crime No.159 of 2022 by way of Demand Draft and on such payment, 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 learned Sub-Judge, Thiruchengodu, Namakkal Dt., 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 pay an interim compensation for a sum of Rs.1,00,000/-(Rupees One Lakh Only) directly to the de-facto complainant in Crime No.159 of 2022 by way of Demand Draft and the proof shall be produced before the learned Magistrate concerned at time of execution of bond.
[c] the petitioner shall report before the respondent police twice daily at 10.30 a.m. and 5.30 p.m. for a period of six weeks and 3/5
thereafter as and when required for interrogation. [d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
11.08.2022 mpl 4/5
G.K.ILANTHIRAIYAN, J.
mpl To 1.The Sub-Judge, Thiruchengodu, Namakkal Dt.
2.The Inspector of Police, Thiruchengodu Rural Police Station, Namakkal.
3.Sub-Jail, Thiruchengodu, Namakkal Dt.
4.The Public Prosecutor, High Court of Madras Crl.O.P.No.18846 of 2022 11.08.2022 5/5