Madras High CourtCRL OP(MD)/17088/2022ordered

Manikandan @ Blade Mani v. The Inspector Of Police

2022-09-30Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Manikandan @ Blade Mani ... Petitioner/Accused No.6 Vs The State rep.by, The Inspector of Police, Thirugokarnam Police Station, Pudukottai (Dist) (In Crime No.113 of 2019).

... Respondent/Complainant For Petitioner : Mr.V.Selvakumar, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.113/2019 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A6 is facing a charge for the offence under Sections 120(b), 147, 148, 341, 294(b), 326, 307 and 302 IPC in S.C.No.105 of 2019 on the file of the learned Principal District and Sessions Judge, Pudukkottai, in crime No.113 of 2019 on the file of the respondent police, seeks bail.

2.The petitioner was absent during the trial in S.C.No.105 of 2019 before the learned Principal District and Sessions Judge, Pudukkottai. Therefore, Non-Bailable Warrant came to be issued on 24.09.2021 and the same was executed on 18.03.2022 and he is still in judicial custody.

3.The learned counsel appearing for the petitioner would submit that due to illness, the petitioner could not appear before the learned Principal District and Sessions Judge, Pudukkottai and therefore, Non-Bailable Warrant was issued against him on 1/3

24.09.2021. He would further submit that the act of the petitioner is neither wilful nor wanton and prays for bail to the petitioner. 4.The learned Additional Public Prosecutor would submit that Non-Bailable Warrant was issued on 24.09.2021 and the petitioner was arrested on 18.03.2022 and subsequently, the petitioner was detained under Act-14 and the same was quashed by this Court in H.C.P.(MD) No.1083 of 2022, dated 10.08.2022. He would further submit that the petitioner is having three previous cases and the charges were already framed and the the case is pending for trial and P.W.1 to P.W.14 have already been examined. Hence, he strongly opposed to grant bail to the petitioner.

5.Considering the above facts and circumstances of the case and also considering the period of incarceration and also the fact that the case is pending for trial, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, 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 the learned Judicial Magistrate No.II, Pudukottai. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Sessions Judge/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii)the petitioner shall report before the trial Court on all hearing dates at 10.30 a.m., without fail.

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)On breach of any of the aforesaid conditions, the learned Sessions Judge/concerned 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 Sessions Judge/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 / petitioner thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 30/09/2022 / TRUE COPY / 30/09/2022 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 NO.II, PUDUKOTTAI 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

4 THE INSPECTOR OF POLICE THIRUGOKARNAM POLICE STATION, PUDUKOTTAI (DIST) 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.17088 of 2022 Date :30/09/2022 SJI MK/SBN/SAR.II/30.09.2022/3P/6C 3/3