Muthumanikandan @ Sappai Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/11/2023 PRESENT The Hon`ble Mr.Justice P. VADAMALAI Muthumanikandan @ Sappai Manikandan ... Petitioner/Accused No.2 Vs (*)The State rep.by, The Inspector of Police, Pattukottai Town Police Station, Pattukottai District.

(Crime No.554 of 2023.) ... Respondent/Complainant For Petitioner :

Mr.N. Balasubramanian, Advocate.

For Respondent :

Mr.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Cr.No.554 of 2023 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner /A2 who was arrested and remanded to judicial custody on 18.09.2023 for the offence under sections 25(1-A),27(2) Arms Act and Section 120(B) of IPC in Crime No.554 of 2023 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner along with other accused said to have threatened the public showing deadly weapons. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner is in custody from 18.09.2023, hence he seeks bail.

4. The learned Additional Public Prosecutor would submit that the petitioner along with other accused said to have threatened the public showing deadly weapons, hence he objected to grant bail to the petitioner. He would further submit that co - accused was granted bail by this Court.

5. Taking into consideration the facts and circumstances of the case and also the fact that co - accused was granted bail by this Court and also taking into consideration the period of incarceration this court is inclined to grant bail to the petitioner, subject to the following conditions: 2/5

[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 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 petitioner shall report before the respondent police daily at 10.30 A.M., for a period of one month and thereafter as and when required for interrogation. [d] the petitioner shall not commit any offences of similar nature. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner 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 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]. 3/5

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 09/11/2023 (*)AMENDED AS PER ORDER OF THIS COURT DATED 22.11.2023 IN CRL MP (MD)NO.16395 OF 2023 IN CRL OP(MD) NO.20166 OF 2023 / TRUE COPY / 22/11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV To To be substituted with the order dated 09/11/2023 already despatched. 1.The Judicial Magistrate, Pattukottai.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Pattukottai Town Police Station, Pattukottai District.

4.The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai District.

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5.The Officer Incharge, District Prison, Pudukkottai.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N.BALASUBRAMANIAN, Advocate SR-16666

ORDER

IN CRL OP(MD) No.20166 of 2023 Date :09/11/2023 ED/ /SAR- (10/11/2023) 5P / 7C RK/(22.11.2023) 5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5