Manikandan @ Manikanda Prabu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/08/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL Manikandan @ Manikanda Prabu ... Petitioner/Accused No.5 Vs The State rep.by, The Inspector of Police, Pattukottai Town Police Station, Thanjavur District, Crime No.486/2023.

... Respondent/Complainant For Petitioner : M/s.Tamizharasan C N, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.486/2023 on the file of the respondent police 1/5

ORDER : The Court made the following order :- The petitioner/A5 who was arrested and remanded to judicial custody on 22.07.2023 for the offences punishable under Sections 147, 148, 341, 294(b), 324, 307, 506(2) of IPC and Section 25(1-A) of Arms Act in Crime No.486 of 2023 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that due to previous enmity all the accused persons unlawfully assembled together with deadly weapons jointly waylaid the defacto complainant attacked him and caused injuries. Further they also criminally intimidated him, hence the case came to be registered.

3. The learned counsel appearing for the petitioner would contend that the petitioner is innocent and a false case has been foisted again him and he has not committed any offence as alleged by the prosecution. The petitioner was arrested and remanded to judicial custody on 22.07.2023 and the injured has been discharged from the hospital, hence he may be granted bail.

4. The learned Additional Public Prosecutor appearing for the respondent would contend that the petitioner is a rowdy element and having nine previous cases, 2/5

out of which seven cases are under the provisions of Tamil Nadu Prohibition Act,one case under Section 279 of IPC and one case is under Section 188 of IPC, hence he strongly objected to grant bail to the petitioner. He would fairly concede that the injured has been discharged from the hospital.

5. Heard both side and perused the materials available on record.

6. Considering the rival submissions on either side and considering the fact that the injured has been discharged from the hospital and the fact that no similar kind of previous cases are pending against the petitioner and considering the nature of offence and period of incarceration and all other aspects this Court is inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, Pattukottai and on further conditions that:

[b] the petitioner shall report before the respondent police every day at 10.00 am., until further orders.

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[c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 29/08/2023 / TRUE COPY / 29/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM

3. THE OFFICER IN CHARGE, DISTRICT PRISON, PUDHUKOTTAI.

4. THE INSPECTOR OF POLICE, PATTUKOTTAI TOWN POLICE STATION, THANJAVUR DISTRICT,

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

+1 CC to M/s.CN.TAMIZHARASAN, Advocate ( SR-12908[I] dated 29/08/2023 )

ORDER

IN CRL OP(MD) No.15687 of 2023 Date :29/08/2023 RK (29/08/2023) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5