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Madras High CourtCRL OP/2708/2026granted

Manikandan v. State Rep By Inspector Of Police,

2026-02-06Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-02-2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.2708 of 2026 Manikandan ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, V-7, Nolambur Police Station, Tiruvallur District.

(Crime No.193 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.193 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. G. Ajith Kumar For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 09.12.2025 for the offences punishable under Sections 74, 75, 79, 296(b), 351(4) and 358 of BNS and Section 4 of Prohibition of Harassment of Women Act, 2002 in Crime No.193 of 2025, registered on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that, the petitioner herein got acquaintance with the defacto complainant's sister in the year 2016, and they were in a relationship for quite some time; that due to difference of opinion, they got separated; that thereafter, the defacto complainant's sister got married in the year 2019; that whileso, the petitioner herein started contacting the defacto complainant's sister over phone, abused and started harassing her, hence a complaint was lodged in the year 2022 and in that enquiry, the petitioner assured that he will not repeat the same; that even thereafter, the petitioner continued to harass the defacto complainant's sister talking over phone, causing mental agony to her and threatening her of dire consequences. Hence, a case has been registered and the petitioner herein was arrested.

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3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution; that the petitioner is in judicial custody since 09.12.2025; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that the petitioner taking advantage of the earlier relationship with the victim in this case, continuously harassed her and caused mental agony to her; and that the investigation of this case is pending.

5.

Considering the submissions made, facts and circumstances of this case, nature of offence and taking note of the period of incarceration undergone by the petitioner herein, this Court is inclined to grant bail to the petitioner with certain conditions.

6.

Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand 3/6

only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate, Ambattur and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10:30 a.m., for a period of four weeks and thereafter, as and when required for interrogation;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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06.02.2026 stn 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.

To

1. The Judicial Magistrate, Ambattur.

2. The Inspector of Police, V-7, Nolambur Police Station, Tiruvallur District.

(Crime No.193 of 2025)

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

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Crl.O.P. No.2708 of 2026 06.02.2026 6/6