Manikandan @ Pottumani, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.6029 of 2019 MANIKANDAN @ POTTUMANI ... PETITIONER / ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, Crime No.172 of 2019 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.G.THALAIMUTHARASU Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody since 06.04.2019 for the offences punishable under Sections 294(b), 506(ii) of IPC and Section 3 of TNPPDL Act in Crime No. 172 of 2019, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that during temple festival the petitioner abused the defacto complainant and threatened with dire consequences and also damaged the chair. Hence, the complaint. 3.The learned for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.Side) would submit that no one sustained injury in the scene of occurrence. He would also submit that five cases are pending against the petitioner of similar nature.

5.Considering the facts and circumstances of the case and considering the period of incarceration and considering the fact that no one sustained injury in the scene of occurrence, this Court is inclined to grant bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kovilpatti and on further condition that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the concerned 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 10.30am until further orders (c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

sd/- 25/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO II, KOVILPATTI.

2.THE CHIEF JUDICIAL MAGISTRATE,

3.THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, 4.THE OFFICER INCHARGE, SUB JAIL, KOVILPATTI.

5.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.G.THALAIMUTHARASU Advocate SR.No.7227

ORDER

IN CRL OP(MD) No.6029 of 2019 Date :25/04/2019 TK/MMS/SAR-4/25.04.2019/3P/7C