Mani Alias Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD) No.8356 of 2019 1 MANI @ MANIKANDAN 2 ASHOK ANAND 3 KARTHIK @ GOPI 4 RAJA @ PAZHAM RAJA ... PETITIONERS / ACCUSED NO.1,2,3 & 7 Vs STATE REP. BY THE INSPECTOR OF POLICE, PASUPATHIPALAYAM POLICE STATION, KARUR DISTRICT.

CRIME NO.131 OF 2019 ... RESPONDENT / COMPLAINANT For Petitioner : MR.B.SANTHANAM RAJESHKUMAR Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petition has been filed by Accused Nos.1,2,3 and 7 seeking bail for the alleged offence punishable under Section 399 of IPC, in Crime No.131 of 2019.

2. Heard both sides.

3.The learned counsel appearing for the petitioners has submitted that even as per the FIR, on 28.05.2019 at about 06.00 a.m., the Inspector of police namely Nagarajan while doing his regular patrol duty, the petitioners were preparing to commit dacoity. Thereafter, the case was registered against the petitioners and the petitioners were arrested and remanded to judicial custody from 28.05.2019. From the date onwards they are in custody and by this time the investigation might have been completed. He further submitted that there is no previous case is pending against the petitioners and therefore, he prayed to grant of bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent has submitted that the investigation is not yet completed and therefore he strongly opposed this petition.

5.Taking into consideration of the allegations made against the petitioners is that they have only prepared for committing dacoity, this Court is inclined to grant bail to the petitioners by imposing conditions.

[a]the petitioners are ordered to be released on bail on their executing 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, Karur. [b]the petitioners shall report before the respondent police daily at 10.00.a.m for a period of one month and thereafter, as and when required for the interrogation.

[c]the petitioners shall not abscond either during investigation or trial.

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

sd/- 17/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR.

3 THE INSPECTOR OF POLICE, PASUPATHIPALAYAM POLICE STATION, KARUR DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, KARUR.

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

+1. CC to M/S.B.SANTHANAM RAJESHKUMAR Advocate SR.No. 9804

ORDER

IN CRL OP(MD) No.8356 of 2019 Date :17/06/2019 JM/VR/SAR 1/17.06.2019/3P/7C