M.Manikandan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
1. M.Manikandan,
2. A.Mathan Kumar, ... Petitioners/Accused 3 & 4 Vs The State rep.by The Inspector of Police, Thiruverumbur Police Station, Tiruchirappalli District.
Crime No.234 of 2023.
... Respondent/Complainant For Petitioner : M/s.Punithan T.A., 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.234 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/A3 and A4, who were arrested and remanded to judicial custody on 20.05.2023 for the offences punishable under Section 25(1A) of Arms Act 1959 r/w Sections 399 and 34 of IPC in Crime No.234 of 2023 on the file of the respondent police, seek bail.
2.The case of the prosecution is that the petitioners and other accused conspired together with deadly weapons and with an intention to commit dacoity. Hence, the case.
3.Heard. Perused the materials available on record including the First Information Report.
4.Taking into consideration of the facts and circumstances of the case and also taking note of period of incarceration undergone by the petitioners, this court is inclined to grant bail to the petitioners subject to the following conditions: 1/3
[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI, Tiruchirappalli, and on further conditions that: [b] 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. [c] the petitioners shall report before the respondent police daily at 10.30 A.M. and 05.30 P.M., for a period of three weeks and thereafter, as and when required for interrogation. [d] the petitioners shall not commit any offences of similar nature.
[e] the petitioners shall not abscond either during investigation or trial.
[f] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[g] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 06/06/2023 / TRUE COPY / 06/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO 1 THE JUDICIAL MAGISTRATE NO.VI, TIRUCHIRAPPALLI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT.
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3 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI.
4 THE INSPECTOR OF POLICE, THIRUVERUMBUR POLICE STATION, TIRUCHIRAPPALLI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.PUNITHAN T.A. Advocate SR.No.8164
ORDER
IN CRL OP(MD) No.9738 of 2023 Date :06/06/2023 SA/SSS/SAR. /06.06.2023/3P/7C 3/3