Manikandan @ Bottle Mani v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Manikandan @ Bottle Mani ... Petitioner Vs.

State by The Inspector of Police, H-1, Washermenpet Police Station, Chennai - 600 021.

(Crime No.335 of 2023)

...Respondent

Prayer: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner on bail concerned in Crime No.335 of 2023 pending on the file of the respondent police. For Petitioner : Mr.K.Thenrajan For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/6

ORDER

The petitioner seeks bail in Crime No.335 of 2023 registered by the respondent police for the offences punishable under Sections 341, 294(b), 392, 397, 506(ii) of IPC and he had been taken into custody on 30.08.2023.

2. It is stated that the petitioner along with other accused had waylaid the defacto complainant, threatened him and had robbed a sum of Rs.3,800/- at knife point.

3. The learned counsel for the petitioner stated that the petitioner is an innocent and he has been falsely implicated in this case. He further stated that the petitioner is ready to abide by any condition imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. On the side of the respondent, it is stated that there are two previous cases pending against the petitioner and some of the accused had been granted bail.

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5. In view of that particular fact that many of the accused had been granted bail, 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 XV Metropolitan Magistrate Court, George Town, 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 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.

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[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.

17.10.2023 ata 4/6

To 1.XV Metropolitan Magistrate Court, George Town, Chennai.

2.Central Prison, Puzhal, Chennai.

3.The Inspector of Police, H-1, Washermanpet Police Station, Chennai - 600 021.

4.The Public Prosecutor, High Court of Madras.

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C.V.KARTHIKEYAN.

J.

ata Crl.O.P.No.23925 of 2023 17.10.2023 6/6