Manikandan v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Manikandan, M/31 years, S/o. Balakrishnan, No.04, Bajana Kovil Street, Thamaaraipakkam, Damaraipakkam, Tiruvallur District.

..Petitioner(s) Vs State rep. by The Inspector of Police Tank Factory Police Station, Avadi, Chennai District (Crime No.459 of 2025) ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the Petitioner on bail in the event of his arrest in Crime No.459 of 2025 on the file of the respondent police.

For Petitioner(s):

Mr. Camyles Gandhi W For Respondent(s):

Mr.A.Gopinath, Govt. Advocate (crl.side)

ORDER

The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 303(2), 326(a) of BNSS r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in connection with the Cr. No.459 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that, when the respondent police were in a routine check up near Morai Junction, the driver of the vehicle was found in illegal possession of 2 units of sand in a mini Lorry bearing Registration No.TN-03-V-3804.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case, based on the confession statement given by the co-accused. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side), per contra, would submit that the petitioner is having one previous case similar in nature and respondent police seized the sand and the vehicle. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6. Considering the rival submissions on either side, and the nature of offences, and also the fact that the petitioner has been implicated in this case based on the confession statement of the co-accused and even though one previous case is pending against the petitioner, bail was granted in that case,

this Court is inclined to grant anticipatory bail to the petitioner, subject to the following 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate, Ambattur on condition that the petitioner shall execute a 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 learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police on every Saturday at 10.00 a.m for a period of four weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer; [c] the petitioner shall not leave India without the previous permission of the Court;

[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 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 B.N.S.2023.

14-05-2026 Index: Yes/No Speaking/Non-speaking order MST Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate, Ambattur.

2. The Inspector of Police, Tank Factor Police Station, Avadi, Chennai District.

3. The Public Prosecutor, Madras High Court, Chennai.

P.DHANABAL, J.

MST 14-05-2026