Manikandan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Manikandan

...Petitioner

Vs.

The State rep. by The Inspector of Police, Udumalpet Police Station, Udumalpet, Tiruppur District.

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation in Crime No.409 of 2023 on the file of the Inspector of Police, Udumalpet Police Station, Tiruppur District.

For Petitioner : Mr.D.Arun For Respondent : Mr.R.Kishore Kumar Government Advocate (Criminal Side) 1/5

ORDER

The petitioner, who was arrested and remanded to judicial custody on 17.08.2023 for the offence punishable under Sections 457 and 380 IPC in Crime No.409 of 2023 on the file of the respondent police, seeks bail.

2.It is stated that the petitioner along with two other accused had broken open the grocery shop of the defacto complainant and stolen Rs.4980/-.

3. It is stated by the respondent that the amount has been recovered. It is also stated that the investigation has been completed and the final report has been filed before the Judicial Magistrate No.I, Udumalpet and the same has been taken on file in C.C.No.135 of 2023.

4. Taking into consideration all these facts and the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 5.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 2/5

of the Judicial Magistrate No.I, Udumalpet, Tiruppur District, 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 report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, on every hearing dates without fail, except for unforeseen circumstances; [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]. 3/5

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

10.10.2023 vkr/rjr To 1.The Judicial Magistrate Court No.I, Udulmalpet, Tiruppur.

2.Central Prison, Salem.

3.The Inspector of Police, Udumalpet Police Station, Udumalpet, Tiruppur District.

4.The Public Prosecutor, High Court of Madras.

4/5

C.V.KARTHIKEYAN.

J.

vkr Crl.O.P.No.23267 of 2023 10.10.2023 5/5