Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/10/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN 1.Manikandan 2.Ramu ... Petitioners/Accused 1 and 2 Vs The State rep.by The Inspector of Police, Illuppur Police Station, Pudukkottai District.

Crime No.226 of 2020 ... Respondent/Complainant For Petitioners : Mr.N.Ravisankar Vallatharasu, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.226 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A1 and A2 , who were arrested and remanded to judicial custody on 01.10.2020 for the offences punishable under Sections 341,294(b), 324,307 of IPC on the file of the respondent police seek bail.

2.The case of the prosecution is that on 30.09.2020 due to some wordy quarrel the petitioners herein abused the defacto complainant assaulted him and also made an attempt to kill him. Hence the complaint.

3.The learned counsel for the petitioners would submit that it is a case and counter case and the injured person was also discharged from the hospital.

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4. The learned Government Advocate(Crl.Side) would submit that the injured was discharged from the hospital and it is a case and case in counter.

5. Taking note of the above facts and circumstances of the case and also taking into consideration the period of incarceration and also the fact that the injured was discharged from the hospital, this Court is inclined to grant bail to the petitioners subject to the following conditions:

6.Accordingly, the petitioners are ordered to be released on bail on their executing 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, Iluppur, Pudukottai 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 card or Bank Pass Book to ensure their identity ii) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

iii)the petitioners shall not tamper with evidence or witness. iv) the petitioners 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 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]. vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 16/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, ILLUPPUR, PUDUKKOTTAI DISTRICT.

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

3.THE INSPECTOR OF POLICE, ILLUPPUR POLICE STATION, PUDUKKOTTAI DISTRICT.

4.THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

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

ORDER

IN CRL OP(MD) No.11532 of 2020 Date :16/10/2020 AAV MS/VR/SAR-4/19.10.2020/3P.6C 3/3