Manikandan vs State

G.K.Ilanthiraiyan, J

The petitioner, who was arrested and remanded to judicial custody on 04.05.2022 for the offences punishable under Section 302 of IPC @ 302, 120(b) and 34 of IPC in crime No.490 of 2022 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 04.05.2022, at about 6.50 p.m. three persons who came in a two wheeler quarrelled with the de-facto complainant's husband and subsequently, stabbed him with knife on various parts of his body. Hence, the case.

There are totally eight accused, in which the petitioner is arrayed as A5. A2 had illegal intimacy with A1, who is the wife of the deceased. Due to which, A1 & A2 decided to do away the life of the deceased. Therefore, they engaged A5 to A8 to do away the life of the deceased. As such, they attacked the deceased with deadly weapons and murdered him. In so far as the overt act of the petitioner, he identified the deceased to other accused person to do away him.

Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of his arrest i.e.06.05.2022, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on his executing 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, Palladam, Tiruppur District and on further conditions that:

[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.

[b] the petitioner shall stay at Vellore and report before the Inspector of Police, Sathuvachari Police Station twice daily at 10.30 a.m. and 5.30 p.m. for a period of four weeks and thereafter report before the respondent police twice daily at 10.30 a.m. and 5.30 p.m., for a period of four weeks and thereafter as and when required for interrogation.

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

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

[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].

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