Mani @ Manikandan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventh day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M. DHANDAPANI CRIMINAL ORIGINAL PETITION No.18962 of 2021 MANI @ MANIKANDAN [ PETITIONER ] Vs STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, PODANUR POLICE STATION, COIMBATORE [CRIME NO.741/2021] For Petitioner : M/S S.DINESH KUMAR Advocate For Respondent : M/S. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest for the alleged offence under Sections 294(b), 324, 307 and 506(2) of IPC in Cr.No.741 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that due to previous enmity regarding parking of the vehicle, the petitioner along with other accused persons picked up a quarrel with the de-facto complainant's husband and abused the de-facto complainant's husband in filthy language and attacked him using knife and in the said attack, the defacto complainant's husband sustained grievous injuries. Hence, the Law Enforcing Agency registered a case against the petitioner based on the complaint lodged by the de-facto complainant. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the co-accused has already been released on bail in Crl.O.P.No.18520 of 2021 dated 04.10.2021.

Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl side) submits that injured person has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Hon'ble Principal District and Sessions Judge at Coimbatore Court, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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. For a period of two weeks and thereafter, as and when required for interrogation;

(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/- 07/10/2021 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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, COIMBATORE 2 THE INSPECTOR OF POLICE PODANUR POLICE STATION, COIMBATORE 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S S.DINESH KUMAR Advocate on payment of necessary charges SR.No.11260 CRL OP.18962/2021 Date :07/10/2021 APN 25/10/2021