Manikandan v. The State Rep By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
1. Manikandan S/o.Anbalagan, Pochampalli Taluk Post Krishnagiri District 635206
2. Thirunavukarasu S/o. Palani Kullanur Village, Pochampalli Taluk & Post Krishnagiri District 635 206 petitioners(s) Vs The State Rep by Inspector of Police, Pochampalli Police Station, Krishnagiri District 635206. (Crime No. 18 of 2025) Respondent(s) For petitioners(s):
Oviya M S S.Vigneswaran For Respondent(s): S.Santhosh Government Advocate (Criminal Side)
O R D E R
Apprehending arrest in connection with Crime No.18 of 2025 registered for the offences punishable under Sections 296(b), 115(2) & 133, 351(2) of BNS Act read with Section 4 of Tamil Nadu Women Harassment Act, the present petition has been filed by the petitioners seeking anticipatory bail. 1/5
2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seek indulgence of this Court. He submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court.
3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, is that due to previous enmity, petitioners along with other accused abused the defacto complainant in filthy language and also assaulted with slippers.
4. Further, having heard the learned counsel for the petitioners 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 petitioners with certain conditions and accordingly, he is ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif Cum Judicial Magistrate at Pochampalli, on condition that the petitioners shall execute separate 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 2/5
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 bail shall stand dismissed and on further condition that: [a] the petitioners 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 petitioners shall report before the respondent police daily at 10.30.a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].
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[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
28.01.2025 Sma To
1. Inspector of Police, Pochampalli Police Station, Krishnagiri District
2. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
Sma 28.01.2025 5/5