Manikandan @ Ajith v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2020
CORAM
THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.19160 of 2020 Manikandan @ Ajith ... Petitioner Vs.
State rep by:- The Inspector of Police, Thirunindravur Police Station, Thiruvallur District.
(Crime No.639 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No.639 of 2020, pending on the file of the respondent police.
For Petitioner : Mr.R.Sasikumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 30.10.2020, for the offences punishable under Sections 294 (b), 336, 341, 427, 392, 397 & 506 (ii) of IPC, in Crime No.639 of 2020 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner along with other accused waylaid the de facto complainant, threatened him with knife and robbed an amount of Rs.500/- from him.
3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner along with other accused waylaid the defacto complainant, threatened him with knife
and also robbed Rs.500/- from him. He would submit that the petitioner has two previous cases against him. Hence, he vehemently opposed to grant bail to the petitioner.
5. Taking into consideration of the facts and submissions made by the learned counsels and also considering the fact that the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:- (a) Accordingly, the Petitioner is ordered to be released on bail on condition to execute 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.II, Thiruvallur and on further conditions that;
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner on his release from prison shall report before the respondent police every day at 10.30 a.m., for a period of two (2) weeks and thereafter, as and when required for interrogation. (d) the petitioner shall not commit any offences of similar nature;
(e) the petitioner shall not abscond either during investigation or trial;
(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g) on breach of any of the aforesaid conditions, the learned Judicial 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];
(h) if the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 04/12/2020 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, THIRUVALLUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DIST [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, THIRUNINDRAYUR POLICE STATION, THIRUVALLUR DIST +1 CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges SR.NO.7921 CRL OP.19160/2020 Date :04/12/2020 GKS:07/12/2020