Manikandan v. The Inspector of Police

CRL OP(MD). No.7579 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.7579 of 2023 Manikandan, ... Petitioner/Accused Rank Not Known

Vs State Rep.by The Inspector of Police, Sivagangai Town Police Station, Sivagangai District. In Crime No.142 of 2023. ... Respondent/Complainant For Petitioner : M/s.Balasmuruganantham.R,Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor(crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :-For Bail in Crime No.142 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :-

The petitioner /A4 who was arrested and remanded to judicial custody on 22.03.2023 for the offence under sections 394 of IPC in Crime No.142 of 2023 on the file of the respondent police seeks bail.

¶2The case of the prosecution is that while the defacto complainant was returning home the accused persons restrained him and robbed a chain and mobile phone at knife point, hence the case.

¶3Heard both sides and perused the materials available on record including the First Information Report.

¶4It is seen that A1 and A2 have committed robbery, in which the petitioner borrowed some money from A1 and the same was also CRL OP(MD). No.7579 of 2023 recovered by the respondent. Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration 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 No.I, Sivagangai 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. and 5.30P.M., for a period of four weeks 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 24/04/2023 / TRUE COPY / 24/04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. CRLeOP(MD).eNo.7579eofe2023 AAV TO 1 THE JUDICIAL MAGISTRATE NO.I SIVAGANGAI. 2 DO THROUGH: THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE OFFICER INCHARGE DISTRICT PRISON, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT. 4 THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.BALASMURUGANANTHAM.R, Advocate (SR-6413[I] dated 24/04/2023 ) ORDER IN CRL OP(MD) No.7579 of 2023 Date :24/04/2023 PKP/VR/SAR- /24.04.2023/ 3P/7C