Manikandan @ Sooppi @ Manikanda Prabhu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.06.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Manikandan @ Sooppi @ Manikanda Prabhu ... Petitioner/Accused No.3 Vs State through The Inspector of Police, Sivakasi East Police Station, Sivakasi, Virudhunagar District.

(Crime No.156 of 2022) ... Respondent/Complainant For Petitioner : Mr.M.Ram Kumar, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.156 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A.3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 341, 324 and 307 IPC, in Crime No.156 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the first accused and the defacto complainant's sister are husband and wife and due to some dispute, they are living separately and that since the first accused thought that the defacto complainant is the sole reason for separation of his matrimonial life, the first accused along with other accused attacked the defacto complainant by using aruval. Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the injured was already discharged from the hospital and that the petitioner is not having any previous cases.

5.Considering the facts that there existed matrimonial dispute between the first accused and the defacto complainant's sister, that the injured was already discharged from the hospital, that except the offence under Section 307 IPC, all other offences are bailable in nature and that the petitioner is not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is 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 Judicial Magistrate Court II, Sivakasi, on condition that the petitioner shall execute 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 Magistrate concerned and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation.

[c]the petitioner shall not tamper with the 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]. 2/3

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

sd/- 14/06/2022 / TRUE COPY / 20/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM Note : In view of the present lock down owing to COVID-19 pandemic, 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. II, SIVAKASI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT & SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S. RAM KUMAR.M Advocate SR.No.5557

ORDER

IN CRL OP(MD) No.9816 of 2022 Date :14/06/2022 RK/SVR/SAR-II/20.06.2022 : 3P/6C 3/3