Manikandan @ Mani @ v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10156 of 2016 MANIKANDAN @ MANI @ APPACHI MANI ... PETITIONER / ACCUSED NO.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT.

CR.NO.463 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.BALAJI Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Accused No.4, apprehends arrest at the hands of the respondent police for the offences punishable under Section 42(1) Cr.P.C. @ Sections 399 and 402 IPC, in Crime No.463 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on the date of occurrence, the petitioner along with other accused assembled for committing dacoity. On complaint case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Due to civil dispute, at the instigation of the councillor of the area namely, Amalorpavamarry, a false case has been foisted against the petitioner. He is a first year student of Pannai College of Engineering and Technology. On the confession of co-accused, the petitioner has been implicated in this case.

4.The learned Government Advocate (Criminal side) submitted that the petitioner and other accused assembled for committing dacoity and there are four accused in this case and A.1 and A.2 were arrested and still in judicial custody.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate No.III, Dindigul, Dindigul District on condition that the petitioner shall 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner shall report before the respondent Police daily at 06.00 p.m. until further orders. (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not abscond either during investigation or trial.

(iv) 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].

6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not. sd/- 24/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III DINDIGUL,DINDIGUL DISTRIT.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT.

+1. CC to M/S S.BALAJI Advocate SR.No.32793.

ORDER

IN CRL OP(MD) No.10156 of 2016 Date :24/06/2016 AM/AAL.MPA/SAR-I/28.06.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/