Manimaran v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL O.P NO.9480 of 2025 Manimaran S/o. Uthiradam ....Petitioner/Accused 5 Vs The State represented by The Inspector of Police, Koovathur Police Station, Chengalpattu District.

(Crime No.88 of 2024) ....Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.88 of 2024, on the file of the respondent police.

For Petitioner : Mr. A. Murugavel For Respondent : Mr. S. Balaji Government Advocate (Crl. Side) 1/6

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 427, 506(ii) of IPC r/w Section 4 of Women Harassment Act, and Section 3(1) of TNPPDL Act, in Crime No.88 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that, due to chit amount dispute, there was a quarrel between the accused persons and the de facto complainant, during which, the de facto complainant was attacked and the windscreen glass of his car was broken. Hence, the case.

3. The learned counsel appearing for the petitioner would submit the the petitioner is innocent; that the petitioner has been falsely implicated in the case; that the other co-accused have been enlarged on bail; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and prayed for anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that there are previous cases against the petitioner and he is on bail on those cases and that investigation is still pending and opposed to grant anticipatory bail to the petitioner.

5. Considering, the nature of allegations, the fact that injured has been discharged from the hospital; that the alleged occurrence took place in the year 2024; that the co-accused were arrested and released on bail; that the petitioner is on bail in the previous cases, 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 made ready, before the learned District Munsif-cum-Judicial Magistrate, Thirukazhukundram, Chengalpattu District, on condition that the petitioner shall execute a 3/6

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 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 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 report before the respondent Police everyday 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 4/6

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)AIR SCW 5560]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 01.04.2025 bga To

1. The District Munsif-cum-Judicial Magistrate, Thirukazhukundram, Chengalpattu District

2. The Inspector of Police, Koovathur Police Station Chengalpattu District.

3. The Public Prosecutor, High Court, Madras. 5/6

SUNDER MOHAN, J.

bga Crl.O.P. No.9480 of 2025 01.04.2025 6/6