Manikandan v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Manikandan ..Petitioner Vs The State Rep By, The Inspector of Police Karumathampatty Police Station, Coimbatore.

Crime No.481 of 2019 ..Respondent Prayer: Criminal Original Petition filed under Section 483 of BNSS to enlarge grant bail to the petitioner/accused in Crime No.481 of 2019 pending on the file of the respondent police.

For Petitioner:

Mr.R.Radha Pandian For Respondent:

Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 21.01.2026 for the alleged offence under Section 392 of IPC @ 392 r/w.34 of IPC in Crime No.481 of 2019 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the de facto complainant was talking in his mobile phone, some persons came in a bike and snatched his mobile phone worth about Rs.12,000/-. Hence, the case has been registered.

3. The learned counsel for the petitioner submitted that the petitioner is accused in Crime No.481 of 2019 got bail however, he could not be appeared before the Court on account of arrest and remand to judicial custody. NBW was ordered in the present case on 08.10.2025. Now that, the detention order passed against him has already been quashed and only because of the present NBW, he is not in a position to come out from the jail. Those facts are not seriously disputed.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that five previous cases are pending against the petitioner of similar nature. Hence, he opposed the grant of bail to the Petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. Though, the submission of the learned Government Advocate

(Crl.Side) has got some weightage, while looking at the facts of the case, the petitioner has not suffered NBW on account of his deliberate absence before the Court but on account, only due to his detention. Therefore, this Court is of the view that the petitioner may be enlarged on bail with stringent condition.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate, Sulur, 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., and 5.30 p.m. until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] 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];

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

04-03-2026 SHL 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, Sulur.

2. The Inspector of Police Karumathampatty Police Station, Coimbatore.

3. The District Prison, Tiruppur.

4. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 04-03-2026