Manikandan Periyasamy & ANR vs State

This petition is filed by the petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C. seeking their release on bail for the offence

punishable under Section 397 of IPC, registered in respondent ? police station Crime No.295/2017.

Brief facts of the prosecution case are that on 16.7.2017 at about 4.30 a.m. the complainant along with his friend Machendra Namadev Pawar

and the driver were proceeding in a car to go to Rajesh Jewelers, Sollapura District, Maharashtra in order to sell the silver articles which they were

carrying in the car, weighing about 41 kgs kept in the dickey of the car. When they were so proceeding, one white colour car was following them

and overtook the car of the complainant and stopped in front of the car of the complainant. Two persons went on the side of the driver of the car

of complainant and damaged the glass of the car, three persons came on the left side where the complainant was sitting and damaged the car. They

assaulted the complainant and others with knife and other weapons and caused injuries and have taken away the silver articles. On the basis of the

said complaint, case was registered for the above said offences.

Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 and 2 and also the learned High Court Government

Pleader appearing for the respondent-State.

I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.

Earlier these two petitioners had approached this Court and this Court by order dated 26.10.2017 in Crl.P.No.7363/2017 disposed of the bail

petition with liberty to file fresh bail petition before the concerned Court after filing of the charge sheet. I have perused the said order. After

completion of investigation and filing of charge sheet petitioners again moved the concerned Sessions Court, however, the said petition also came

to be rejected.

It is the specific case of the complainant that they were carrying 41 kgs. of silver articles in the dickey of the car. But in the further statement of

the complainant he has stated that totally they were transporting 229 kgs. of silver articles in the dickey of the car. Learned counsel for the

petitioners drew the attention of this Court to the further statement of the complainant and submitted that it shows that the silver articles belonging

to other persons were also being transported in the car of the complainant, which was not at all stated in the original complaint. A false case has

been made out against the petitioners. Though it is the case of the prosecution that complainant''s driver and another person were also assaulted

with knife and other weapons and they also sustained injuries taken treatment at a hospital in Krishnagiri, no material is produced by the

prosecution to support the said contention that they have sustained the said injuries.

As per the prosecution material, there is a recovery of silver articles from the petitioners to the tune of 13 kgs, but it is their case that the said 13

kgs. of silver articles is melted and when it was seized, it was not in the original form. All these allegations are denied by the petitioners contending

that false allegations are made against them and that they never involved in committing the alleged offence. Even there is no proper identification of

the petitioners in the said case. Investigation is completed and charge sheet is filed. Petitioners are ready to abide by any reasonable conditions to

be imposed by the Court and from the date of arrest petitioners are in custody. The alleged offence under Section 397 of IPC is also not

exclusively punishable with death or imprisonment for life. Hence, by imposing reasonable conditions, petitioners may be admitted to regular bail.

Accordingly, petition is allowed. Petitioners/accused Nos.1 and 2 are ordered to be released on bail for the offence punishable under Section

397 of IPC, registered in respondent ? police station Crime No.295/2017, subject to the following conditions:

i. Petitioners shall execute a personal bond for a sum of Rs.50,000/- each and furnish one surety for the likesum to the satisfaction of

the concerned Court.

ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioners shall appear before the concerned Court regularly.