S.Manikandan v. The State Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN S.Manikandan ..Petitioner Vs The State rep.by, The Inspector of Police, Nannilam Police Station, Cr.No.224 of 2025.
..Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on anticipatory bail in the event of arrest in Cr.No.224 of 2025 on the file of respondent police, Nannilam Police Station, Nannilam, Tiruvarur District. For Petitioner:
MR.Abivarthan M For Respondent:
Mr.P.Dhileepan Govt.Advocate (Crl Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 316(2), 316(4), 318(2), 318(4) of BNS Act in Crime No.224 of 2025 on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused has involved in the offence of misappropriation of fund to the tune of Rs,4.81 lakhs. Hence, this case.
3. The learned counsel for the petitioner submitted that the co-accused has already been released on bail by this Court on 05.03.2026. He further submitted that the entire allegation against the petitioner is that he along with others have cheated a sum of Rs.4.81 lakhs. However, as against this petitioner, the overt act is only Rs.10,100/-. Therefore, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioner.
5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.
6. Considering the facts and circumstances of the case and the fact that the occurrence took place in the year 2025 and upon the further fact that the coaccused has already been released on anticipatory bail, this Court is of the firm view that at this length of time, custodial interrogation of the petitioner is not
required. Hence, this Court is inclined to grant anticipatory bail to the petitioner by giving parity as that of the co-accused subject to certain 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 District Munsif cum Judicial Magistrate, Nannilam, 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: (a) 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;
(b) 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;
(c) The petitioner shall report before the respondent Police, everyday at 10.30 a.m. and 05.30 p.m, for a period of sixty days and thereafter, as and when required for interrogation;
(d) 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];
(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
20-04-2026 SHL To:
1. The District Munsif cum Judicial Magistrate, Nannilam
2. The Inspector of Police, Nannilam Police Station,
3. The Public Prosecutor High Court of Madras
C.KUMARAPPAN J.
SHL 20-04-2026