Manikandan @ Kadumuda Mani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.05.2024 PRESENT The Hon`ble Mrs.Justice S.SRIMATHY Manikandan @ Kadamuda Mani ... Petitioner/5th Accused versus The Inspector of Police, Thogur Police Station, Thanjavur District.
Crime No.218/2023 ... Respondent/Complainant For Petitioner :
Mr.A.Sivasubramanian, Advocate For Respondent :
Mr.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.218/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner /A5, who was arrested and remanded to judicial custody on 17.03.2024 for the offences under Sections 120B, 147, 148 and 302 IPC, in Crime No.218 of 2023 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that A1 and the deceased are friends and in the 1/4
year 2017, both of them murdered one Senthil and Vincent. Subsequently, there was a misunderstanding between them. Due to such motive, on 31.10.2023, the accused persons including the petitioner/A5 brutally attacked the deceased with aruval and long sword. Hence, the case.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 17.03.2024. Hence, he prays for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor opposes for grant of bail on the ground that the investigation is yet to be completed. However, he fairly submits that the petitioner is not having any previous case.
5. Considering the facts and circumstances of the case and also taking note of the period of incarceration and also considering the fact that the petitioner is not having any previous case, this court is inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate, Thiruvaiyaru and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the 2/4
surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall stay at Madurai and report before the Inspector of Police, Tallakulam Police Station, Madurai, daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial. [d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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/- 22/05/2024 / TRUE COPY / 22/05/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE, THOGUR POLICE STATION, THANJAVUR DISTRICT.
4 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE TALLAKULAM POLICE STATION, MADURAI.
ORDER
IN CRL OP(MD) No.7452 of 2024 Date :22/05/2024 RS//SAR-(22.05.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4