Manikandan vs Inspector Of Police

B.Pugalendhi, J

The respondent police registered a case as against this petitioner in Crime No.133 of 2024 for the offence under Section 307 of IPC, and remanded him into judicial custody on 23.03.2024. Therefore, the petitioner has filed this petition seeking bail.

2.The case of the prosecution is that the petitioner and the defacto complainant's husband are the auto drivers. There was a dispute between them with regard to enrollment of the petitioner as a member in the Teppakulam auto stand, due to which, on 22.03.2024 at about 05.30 p.m., the petitioner stabbed the defacto complainant's husband with knife and caused injuries. Hence, the case.

The learned counsel for the petitioner submits that the petitioner is an innocent and he has been falsely implicated in this case. However, the petitioner was arrested and he is languishing in jail from 23.03.2024. Therefore, he prays for grant of bail.

The learned Additional Public Prosecutor appearing for the respondent submits that the petitioner and the defacto complainant are the auto drivers. Due to the dispute among the auto drivers, the occurrence had taken place. He has raised objections for granting bail on the ground that the petitioner caused injury on the throat of the defacto complainant's husband with knife.

At this juncture, the learned counsel for the petitioner intervened and submitted that the person injured in this case, is a notorious criminal, having six previous cases to his credit and the occurrence itself is a self defence.

Considering the facts and circumstances of the case, the period of incarceration and also considering the antecedents of the injured person, this Court is inclined to grant bail to the petitioner.

Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail

i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Madurai.

ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required by the respondent police. He has to co-operate for the investigation;

iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.

v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.