Manikandan v. State, Rep. By The Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1762 of 2025 Manikandan Petitioner(s) Vs State rep. By The Sub Inspector of Police, Kadambathur Police Station, Tiruvallur District.
(Cr.No.14 of 2025) Respondent(s) For Petitioner(s):
Tamilselvan A For Respondent(s):
S.Santhosh Government Advocate (Criminal Side), Madras High Court.
ORDER
Apprehending arrest in connection with Crime No.14 of 2025 registered for the offences punishable under Sections 296(b), 351(II) of BNS r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, Page No.1 of 6
2002, the present petition has been filed by the petitioner seeking anticipatory bail.
2. Pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He would submit that co-accused viz., A2 and A3 have been granted anticipatory bail by this Court in Crl.O.P.No.1633 of 2025 on 24.01.2025. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this court.
3. A detailed counter affidavit has been filed by the respondent police.
4. Pointing out the counter contents, the learned Government Advocate (Criminal Side) appearing for the respondent police would submit his arguments as under:- One Vinothkumar, who is the husband of the de facto complainant Tmt.Angelin, happened to be a friend of A1, the present petitioner and two others arrayed as A2 and A3 viz., Vigneshwaran and Santhosh. With regard to sand theft cases involved by A1 to A3, the husband of the de facto complainant was enquired and thereupon, he had given a statement to the police to relinquish his association with A1 to A3. Whileso, A1 to A3 had Page No.2 of 6
called the de facto complainant's husband, which was not heeded by him and thereupon, on 19.12.2024 at about 10.30 am, A1 to A3 went to the de facto complainant's house in an inebriated condition and abused her in filthy language and threatened her with knife point. There are 7 previous cases as against the petitioner herein and therefore, there is every possibility of the accused absconding in the event of grant of anticipatory bail and thereby the petition seeking anticipatory bail is liable to be dismissed.
5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the Additional Mahila Court, Tiruvallur, on condition that the petitioner shall execute 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory Page No.3 of 6
bail shall stand dismissed and on further condition that: [a] the petitioner and 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 everyday at 06.30 p.m until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.
27.01.2025 Anu/ssk.
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To
1. The Additional Mahila Court, Tiruvallur
2. The Sub Inspector of Police, Kadambathur Police Station, Tiruvallur District.
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A.D.JAGADISH CHANDIRA , J.
Anu/ssk.
27.1.2025.
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