Manickam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.06.2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Manickam ... Petitioner/Rank Not Known Vs State Rep.by The Inspector of Police, Ariyamangalam Police Station, Trichy District.
Crime No.200 of 2021.
... Respondent/Complainant For Petitioner : Mr.N.Anandakumar, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.200 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner is in custody from 23.03.2021 for the offences under Sections 147, 148, 341 and 302 of IPC in Crime No.200 of 2021 on the file of the respondent police. He seeks bail.
2. The case of the prosecution is that there was a property dispute between the defacto complainant family and his paternal uncle's family. On 15.03.2021, at about 11.00 pm, his brother was murdered with multiple injuries. Hence, he lodged a complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the co-accused has been released on bail by this Court. Hence, he seeks for grant of bail to the petitioner.
4. The learned Government Advocate appearing on behalf of the respondent police submits that it is a case in counter and two 1/3
groups were involved and murdered the brother of the defacto complainant. Hence, he opposed for grant of bail to the petitioner. 5.Considering the period of incarceration of the petitioner and considering the fact that the co-accused has been released on bail and the major portion of the investigation might have been completed in this time, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on the following conditions:
i) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the Judicial Magistrate No.VI, Trichy. ii) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. iii) The petitioner shall appear before the respondent police once in a week i.e on every Monday at 10.30 a.m until further orders.
iv) The petitioner shall not tamper with evidence or witness. v) the petitioner shall not abscond either during investigation or trial.
vi)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]. [vii] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 18/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, 2/3
a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE JUDICIAL MAGISTRATE NO.VI, TRICHY.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3. THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.
4. THE INSPECTOR OF POLICE, ARIYAMANGALAM POLICE STATION, TRICHY DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7888 of 2021 Date :18/06/2021 SSB MS/AKM/SAR-1/18.06.2021/3P.6C 3/3