Mani @ Manikandan vs The State Represented By
2023 Latest Caselaw 13255 Mad

                                                                                     Crl.O.P.No.22416 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED : 27.09.2023

                                                              CORAM

                                   THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                    Crl.O.P.No.22416 of 2023

                     Mani @ Manikandan
                     S/o.Allimuthu                                                  ... Petitioner
                                                                Vs.

                     The State represented by,
                     The Inspector of Police,
                     Anaimalai Police Station,
                     Pollachi, Coimbatore.
                     (Crime No.13 of 2020)                                          ... Respondent

                                  Criminal Original Petition filed under Section 482 Cr.P.C., to direct
                     the learned Assistant Sessions Judge, Pollachi to send/process the bail bond
                     dated 12.09.2023 to the Superintendent, Central Prison, Coimbatore
                     executed in Crl.M.P.No.4045 of 2023 in Crl.A.No.243 of 2023 pending on
                     the file of learned Principal District and Sessions Judge, Coimbatore.
                                        For Petitioner      : Mr.R.Vivekananthan
                                                              for Mr.S.Senthil Murugan

                                        For Respondent      : Mr.A.Damodaran
                                                              Additional Public Prosecutor
                                                               *****

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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.O.P.No.22416 of 2023


                                                          ORDER

This Criminal Original Petition has been filed for a direction to the

learned Assistant Sessions Judge, Pollachi, to send the bail bond to the

Superintendent of Central Prison, Coimbatore, in order to enable the

petitioner to come out on bail.

2. Heard Mr.R.Vivekananthan, learned counsel appearing on behalf

of the petitioner and Mr.A.Damodaran, learned Additional Public

Prosecutor appearing on behalf of the respondent.

3. The petitioner faced trial in S.C.No.9 of 2021 before the learned

Assistant Sessions Judge, Pollachi, for offences under Section 397 read with

395 IPC. There are totally two accused persons in this case and the

petitioner is arrayed as A1. The trial Court, by judgment dated 31.01.2023,

convicted the petitioner and sentenced him to undergo 7 years rigorous

imprisonment and to pay a fine of Rs.5,000/- and in default in undergo three

months simple imprisonment.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.22416 of 2023

4. Aggrieved by the above judgment of the trial Court, the petitioner

filed an appeal in Crl.A.No.243 of 2023 before the Principal District and

Sessions Judge, Coimbatore. The petitioner also filed an application for

suspension of sentence pending disposal of the appeal in Crl.M.P.No.4045

of 2023. The appellate Court was pleased to pass an order dated 14.08.2023

suspending the sentence till the disposal of the appeal by imposing certain

conditions. One such condition that was imposed by the appellate Court was

that the petitioner must execute a bond for a sum of Rs.10,000/- with two

sureties for a like sum to the satisfaction of the learned Assistant Sessions

Judge, Pollachi. Accordingly, the petitioner also executed a bond with two

sureties for a like sum.

5. The grievance of the petitioner is that the learned Assistant

Sessions Judge, Pollachi, in spite of receiving the bond with two sureties,

did not send the bail bond to the Central Prison, Coimbatore and as a result,

the petitioner continues to be in incarceration in spite of being enlarged on

bail by order dated 14.08.2023. The communication that was sent by the

https://www.mhc.tn.gov.in/judis Crl.O.P.No.22416 of 2023

concerned Court to the Central Prison, Coimbatore, dated 12.09.2023 shows

that the Court was insisting for obtaining a Aadhaar Card from the

petitioner. Since the Aadhaar Card is not available, the petitioner continues

to remain inside the jail. Aggrieved by the same, the present petition has

been filed before this Court.

6. In the considered view of this Court, the petitioner had already

complied with the condition imposed by the learned Principal District and

Sessions Judge, Coimbatore and he has executed a bond with two sureties

on 12.09.2023. In view of the same, a bail bond has to be sent to the Central

Prison, Coimbatore, to enable the petitioner to come out on bail. The same

cannot be retained by the learned Assistant Sessions Judge, Pollachi, by

insisting for production of the Aadhar Card of the petitioner. In view of the

same, there shall be a direction to the learned Assistant Sessions Judge,

Pollachi, to immediately send/process the bail bond dated 12.09.2023 to the

Superintendent of Central Prison, Coimbatore.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.22416 of 2023

This Criminal Original Petition is disposed of with the above

direction.

27.09.2023

Note: Issue today [27.09.2023]

Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No rjr/ssr

To

1.The Principal District and Sessions Judge, Coimbatore.

2.The Assistant Sessions Judge, Pollachi .

3.The Superintendent of Central Prison, Coimbatore.

4.The Inspector of Police, Anaimalai Police Station, Pollachi, Coimbatore.

5.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.22416 of 2023

N.ANAND VENKATESH,J

rjr/gm

Crl.O.P.No.22416 of 2023

27.09.2023

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