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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Manikandan ..Petitioner Vs State Rep by The Sub-Inspector of Police, Reddichavadi P.S., Cuddalore District.

(Crime No. 32 of 2026) ..Respondent Prayer: Criminal Original Petition filed under section 482 of BNSS to enlarge the petitioner on Anticipatory bail in the event of arrest or upon his surrender under Crime No. 32 of 2026, on the file of the Respondent police and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justce. For Petitioner:

Mr.D.Baskar For Respondent:

Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 135(1)(a) and 138(1)(c) of the Electricity Act, 2003 in Crime No.32 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has misused the electricity by installing a meter connection to operate a water motor for the purpose of draining water from the lake for his fishing business. Hence, this case.

3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case as if he has caused a damage of Rs.5,59,358/- to the Electricity Board by unauthorised drawing of electricity and in this connection, FIR was registered on 20.02.2026. He further submitted that the petitioner was innocent and that he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has misused the electricity without paying necessary charges. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the facts and circumstances of the case, the said contention of the learned Government Advocate (Crl.Side) cannot be lightly ignored. Having the respondent come to a conclusion that the petitioner has caused loss to the Electricity Board to the tune of Rs.5,59,358/-, the same cannot be let it as it is. Though, this Court of a firm view that custodial interrogation of the petitioner is not required in these type of offences and at this length of time, this Court is inclined to enlarge the petitioner on anticipatory bail subject to certain stringent conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate-II, Cuddalore, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(i) The petitioner is ordered to be enlarged on bail on condition that the petitioner shall deposit a sum of Rs.4,00,000/- (Rupees Four Lakhs only) to the credit of Crime No.32 of 2026 on the file of the respondent police within a period of four weeks from the date of receipt of a copy of this order.

(ii) On such deposit being made, the Trial Court shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalised Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the Criminal Original Petition. (iii) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(iv) 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 identify proofs to ensure their identity;

(v) The petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of

Kerala [(2005) AIR SCW 5560];

(vii) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

07-04-2026 SHL To:

1. The Judicial Magistrate-II, Cuddalore

2. The Sub-Inspector of Police, Reddichavadi P.S., Cuddalore District.

3. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 07-04-2026