Manikandan @ Vandu Mani v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Manikandan @ Vandu Mani ...Petitioner/Accused 1 Vs.

State represented by its Inspector of Police, E-3, Teynampet Police Station, Chennai.

(Crime No.188 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.188 of 2023 on the file of the respondent police.

For Petitioner : Mr.S.Monish Darvin For Respondent : Mr.R.Kishore Kumar Government Advocate (Criminal Side)

ORDER

The petitioner/A1, who was arrested and remanded to judicial custody on 07.08.2023 for the offence punishable under Sections 294(b), 1/4

323, 324, 307 and 506(ii) of IPC, in Crime No.188 of 2023 on the file of the respondent police, seeks bail.

2.It is stated that the petitioner and the defacto complainant were celebrating a birthday party in the road and the accused persons started a quarrel which led to a assault.

3.It is also stated that A3 in this case has been granted bail by the learned Magistrate.

4.On the side of the respondent, it is stated that there are 14 previous cases against the petitioner.

5.Taking into consideration this incident separately and this had emanated out of a quarrel, during which, the defacto complainant celebrating the birthday party in the road, this Court is inclined to grant bail to the petitioner with certain conditions. 6.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 XVIII Metropolitan Magistrate, Saidapet, and on further conditions that:

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[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 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.

12.10.2023 vkr 3/4

C.V.KARTHIKEYAN.

J.

vkr To 1.The XVIII Metropolitan Magistrate, Saidapet. 2.Central Prison, Puzhal.

3.The Inspector of Police, E-3, Teynampet Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.23555 of 2023 12.10.2023 4/4