Manimaran v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :04.09.2023
CORAM
THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Manimaran ..Petitioner Vs.
The State Rep. By The Inspector of Police, F2 Egmore Police Station, Chennai.
Crime No.252 of 2023 ...Respondent PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.252 of 2023 on the file of the respondent police.
For Petitioner : Mr.M.Rajavelu For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 06.06.2023 for the offences punishable under Sections 341, 294(b), 323, 392, 336, 397 and 506(ii) IPC and 25(1)(A) of Arms Act in Crime No.252 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 this case in Crime No. 252 of 2023 for the offences under Sections 341, 294(b), 323, 392, 336, 397 and 506(ii) IPC and 25(1)(A) of Arms Act. This is the second bail petition filed by the petitioner. Petitioner is in judicial custody from 06.06.2023. Thus, he prays for grant of bail.
3. The learned Additional Public Prosecutor opposes this petition, on the ground that, on 05.06.2023, at about 7.30 p.m., the accused had threatened the defacto complainant to pay money. When defacto complainant said, he had no money, the accused had taken a big patta knife and took Rs.680/- from his pocket. When the public tried to come to his rescue, he used a big patta knife and made threat to the 2/6
public. He further submitted that, petitioner has 9 previous cases pending against him. Therefore, he prays for dismissal of this bail petition.
4. Considering the fact that this is the second bail petition and the duration of custody of the petitioner ie., from 06.06.2023 and that, material part of the investigation might have been completed, this Court is inclined to grant bail to the petitioner.
5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned XIV M.M Egmore at Chennai 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 appear before the respondent police twice daily at 10.30.a.m., and 05.30.p.m., until further orders.
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[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. 04.09.2023 Sma 4/6
To
1. XIV Metropolitan Magistrate, Egmore, Chennai 2.The Inspector of Police, F2 Egmore Police Station, Chennai.
3.Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras 5/6
G.CHANDRASEKHARAN. J.
Sma Crl.O.P.No.20109 of 2023 04.09.2023 6/6