Allowed

Manikandan @ Mani v. the State Represented by

Madras HC2 Feb 2024CRL OP/208/2024

Case brief

AI extract

What is this about?

Bail petition by an accused charged under Sections 341, 506(ii) and 302 IPC who was remanded after a non-bailable warrant was executed despite an earlier grant of bail. The court granted bail on bond with two sureties, weekly appearance before the trial court, and standard conditions against absconding or tampering.

What did the court decide?

Petitioner ordered released on bail on Rs.10,000 bond with two sureties (one blood relative), subject to conditions including weekly appearance before the trial court till completion of trial.

Manikandan @ Mani Vs the State Represented by — Murder and Culpable Homicide | Madras HC (2024)

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Crl.O.P.No.208 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.02.2024

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CORAM

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THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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Crl.O.P.No.208 of 2024

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Mankikandan @ Mani

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...Petitioner/Accused

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Vs.

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State represented by The Inspector of Police, Madipakkam Police Station, Chennai.

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(Crime No.61 of 2022) ...Respondent

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PRAYER:

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Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in S.C.No.132 of 2022 on the file of the Additional District Judge, Chengalpatu, on such terms and conditions.

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For Petitioner : Mr.R.Parthiban

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For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

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1/4 https://www.mhc.tn.gov.in/judis

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ORDER

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Crl.O.P.No.208 of 2024

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The petitioner/accused in S.C.No.132 of 2022, now pending trial before the Additional District Judge, Chengalpatu. Originally, Crime No.61 of 2022 had been registered for the offences under Sections 341, 506(ii) and 302 (2 counts) of IPC.

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2.A Non-bailable warrant had been issued against the petitioner on 21.03.2023 and it had been executed on 30.06.2023. It is stated that the matter is posted for framing of charges.

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3.A counter affidavit has been filed on behalf of the respondent stating that the matter is listed on 15.02.2024 for framing of charges. Taking that factor into consideration since already the petitioner had been granted bail, and once again remanded to custody on execution of NBW, I am inclined to grant bail to the petitioner subject to the following conditions:

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4.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 fresh sureties (one surety must be blood relative of the petitioner), each for a like sum to the satisfaction of the Additional

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2/4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.208 of 2024

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District Judge, Chengalpattu, and on further conditions that: -

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[a] 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.

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[b] the petitioner shall appear before the Additional District Judge, Chengalpattu, on every Monday at 10.30 a.m., apart from the Court hearing dates, till completion of trial.

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[c] the petitioner shall not abscond either during investigation or trial.

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[e] On breach of any of the aforesaid conditions, the learned 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].

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

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02.02.2024

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ata

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C.V.KARTHIKEYAN. J.

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ata

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3/4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.208 of 2024

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The Additional District Judge, Chengalpattu.

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The Central Prison, Puzhal.

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3.The Inspector of Police, Madipakkam Police Station, Chennai.

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4.The Public Prosecutor, High Court of Madras.

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Crl.O.P.No.208 of 2024

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02.02.2024

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4/4 https://www.mhc.tn.gov.in/judis

Manikandan @ Mani v. the State Represented by

Case brief

What is this about?

What did the court decide?

Manikandan @ Mani v. the State Represented by

Case brief

What is this about?

What did the court decide?

What the court decided

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