Harish @ Manivel v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.12.2023
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL
1. Harish@Manivel
2. Prabaharan ... Petitioners Vs.
The State rep by The Sub Inspector of Police, Jayankondam Police Station Ariyalur District.
Crime No.584 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused on bail in Crime No.584 of 2023 pending on the file of the respondent Police. For Petitioners : Mr.D.Lakshmipathy For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor
ORDER
The petitioners who were arrested and remanded to judicial custody on 03.12.2023 for the offences punishable under Section 399 of IPC in Crime 1/5
No.584 of 2023 on the file of the respondent Police, seeks bail. 2.The case of the prosecution is that the petitioners along with accused were found in possession of weapons and they have planned to commit dacoity. Hence, the complaint.
3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners have been in judicial custody from 03.12.2023 and co-accused were granted bail. Hence, he seeks for granting of bail to the petitioners.
4.The learned Additional Public Prosecutor for the respondent submitted that the the petitioners were found in possession of weapons and they have planned to commit dacoity. Hence, she opposed for granting of bail to the petitioner.
5.Heard both side and perused the materials available on record. 6.Considering the rival submissions made on either side and taking into consideration the period of incarceration undergone by the petitioner and co-accused were arrested and released on bail, I am inclined to grant bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on bail 2/5
on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Jayankondam and on further conditions that:
[b] the petitioners shall report before the respondent police, everyday at 10.00 a.m for a period of one month. [c] the petitioners shall not commit any offences of similar nature. [d] the petitioners shall not abscond either during investigation or trial.
[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
28.12.2023 smn/shl 3/5
To
1. The Judicial Magistrate No.I, Jayankondam.
2. The Sub Inspector of Police, Jayankondam Police Station, Ariyalur District.
3. The Sub Jail, Jayankondam.
4. The Public Prosecutor, High Court of Madras.
4/5
P.DHANABAL, J.
smn/shl 28.12.2023 5/5