V.Manikandan v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN
1. V.Manikandan 2.G.Nagaraj Petitioner(s) Vs State Represented By Inspector Of Police, Thellar Police Station, Tiruvannamalai District.
Crime No.29 Of 2025 Respondent(s) For Petitioner(s):
Mr. K.C.Karl Marx For Respondent(s):
Mr.S.Balaji Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 329(3), 296(b), 76, 115(2) and 351(2)
of BNS, 2023 and Section 4 of of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.29 of 2025, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that a wordy quarrel arose between the petitioners and the defacto complainant, and that, the petitioners abused and threatened the defacto complainant of dire consequences. Hence, this case.
3. Learned counsel appearing for the petitioners would submit that the petitioners are innocent and he has been falsely implicated in this case; that the petitioners are ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and prayed for anticipatory bail to the petitioners.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police who is opposing for granting anticipatory bail to the petitioners reiterated the prosecution case and submitted that there is a counter case by the petitioners herein against the defacto complainant.
5. Taking note of the facts and circumstances of the case, considering the the fact there is a counter case, and since custodial interrogation of the petitioners
is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are 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 Judicial Magistrate, Vandavasi, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 petitioners 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 petitioners shall report before the respondent police, everyday at 10:30 a.m., until further orders; [c] the petitioners shall not tamper with evidence or witness either
during investigation or trial.
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.
02-04-2025 msv To 1.The Judicial Magistrate, Vandavasi,
2. Inspector Of Police, Thellar Police Station, Tiruvannamalai District.
3. The Public Prosecutor, High Court, Madras.
SUNDER MOHAN, J.
msv 02-04-2025