Manikandan v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Manikandan ... Petitioner /Accused Vs.
State rep. by The Inspector of Police, S9 Palavanthangal Police Station, Chennai.
... Respondent/ Complainant Crime No.67/2025.
Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of arrest in Crime No.67 of 2025 on the file of the respondent/ complainant herein i.e., the Inspector of Police, S9 Palavanthangal Police Station, Chennai.
For petitioner : Mr.Kartik Soundararajan For Respondent : Mr.S.Santhosh, Government Advocate (Crl.Side) Page No.1 of 7
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 118(1) and 351(3) of BNS, 2023, in Crime No.67 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that on account of prior enmity, the petitioner along with the other accused attacked the son of the defacto complainant and abused the defacto complainant in filthy language.
3. The learned counsel appearing for the petitioner submitted that the allegations are false; and that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that injured has been discharged from the hospital; and that the petitioner has no Page No.2 of 7
bad antecedents.
5. Considering the nature of allegations, the fact that the injured has been discharged from the hospital; the petitioner has no bad antecedents and since, custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner 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 on which the order copy is made ready, before the Judicial Magistrate No.I, Alandur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 bail shall stand dismissed and on further condition that:
[a] the petitioner and the sureties shall affix Page No.3 of 7
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 appear before the respondent police daily at 10.30 a.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 Page No.4 of 7
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 BNS.
17.03.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr To
1. The Inspector of Police, S9 Palavanthangal Police Station, Chennai.
2. The Public Prosecutor, Madras High Court, Chennai.
3. Judicial Magistrate No.I, Alandur Page No.5 of 7
SUNDER MOHAN, J.
skr Page No.6 of 7
17.03.2025 Page No.7 of 7