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Madras High CourtCRL OP/138/2026granted

Manikandan v. State Represented By

2026-01-07Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.138 of 2026 Manikandan ... Petitioner

Versus

State rep. by The Inspector of Police, Perumanallur Police Station, Tiruppur District, (Crime No.563 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of B.N.S.S., to enlarge the petitioner on bail in Crime No.563 of 2025 on the file of the respondent police.

For Petitioner :

Mr. R.Kannan For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 02.11.2025, for the alleged offence punishable under Section 103(1) of BNS in Crime No.563 of 2025, on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner suspected 1/6

the fidelity of the deceased (wife) and while she was sleeping, he strangulated her and thus committed murder. Hence the case has been registered.

3. Learned counsel appearing for the petitioner submitted that this petitioner has been falsely implicated in this case and he is abide by any condition imposed by this court and he is not having any previous case and prays for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is the husband of the deceased and after committing murder this petitioner absconded from the house along with the child and thereafter, he was arrested and the investigation in this case is pending. Hence, he opposes to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions made by the learned counsel on both sides and considering the fact that the petitioner is in incarceration from 2/6

02.11.2025 and also considering the motive behind the occurrence and other circumstances, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Avinashi, 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 report before the respondent police daily at 10.00 a.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;

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[d] the petitioner shall not tamper with the 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 269 B.N.S.

07.01.2026 gv Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To 1.The Judicial Magistrate, Avinashi.

2. The Inspector of Police, Perumanallur Police Station, Tiruppur District, 3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

gv CRL.O.P.No.138 of 2026 07.01.2026 6/6