Mannavan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( CRIMINAL JURISDICTION ) DATE : 05/05/2022 PRESENT THE HON`BLE MR.JUSTICE M.S.RAMESH CRL OP(MD). NO.7774 OF 2022 MANNAVAN, ... PETITIONER/ACCUSED RANK NOT KNOWN VS THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, CCD-III POLICE STATION, PUDUKKOTTAI DISTRICT.

(CRIME NO.6 OF 2022.) ... RESPONDENT/COMPLAINANT SIVARANJANI ...PETITIONER/INTERVENOR/ DEFACTO COMPLAINANT IN CRL MP(MD)NO.5777 OF 2022 FOR PETITIONER : M/S.ALAGUSUNDAR S, ADVOCATE.

FOR RESPONDENT : M.MUTHUMANIKKAM, GOVERNMENT ADVOCATE (CRL.SIDE) FOR INTERVENOR : M/S.N.KAMESH, ADVOCATE.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.6 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused No.3, who was arrested and remanded to judicial custody on 24.03.2022 for the offences punishable under Sections 420 of IPC and Section 66D of the Information Technology Act, 2000 in Crime No.6 of 2022, on the file of the respondent police, seeks bail.

2.Heard the learned counsel for the petitioner, the learned Government Advocate (Crl.Side) for the respondent and the learned counsel for the intervenor.

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3.The petitioner herein, though not originally named in the First Information Report, has been ranked as third accused. Based on the confession statement of the co-accused, in connection with the aforesaid crime, the respondent police implicated the petitioner for the aforesaid offences.

4.The learned counsel for the petitioner submits that confession statement does not directly link the petitioner to the alleged occurrence and that the other accused alone are responsible for the acts.

5.Taking into account the period of incarceration and the statement of the learned counsel for the petitioner, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Aranthangi, Pudukkottai District.

(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar cards or Bank Pass Books to ensure their identity;

(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one (1) month and thereafter, as and when required for interrogation;

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)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]. Sd/- 05/05/2022 / TRUE COPY / 05/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MYR / SM 2/3

TO 1.THE JUDICIAL MAGISTRATE, ARANTHANGI, PUDUKKOTTAI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3.THE OFFICER INCHARGE, SUB JAIL, PUDUKKOTTAI.

4.THE INSPECTOR OF POLICE, CCD-III POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+1cc to M/S.S.ALAGUSUNDAR,ADVOCATE, SR NO.430 DATED:05.05.2022

ORDER

IN CRL OP(MD) No.7774 of 2022 Date : 05/05/2022 (2/2) GC/VRS/SAR-3(05.05.2022) 3P 7C 3/3