Manokar v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
1. Manokar S/o. Arockiyaraj, New Nambiyar Nagar, Kadambadi, Nagapattinam Taluk and District.
2. Arunraj S/o. Panner, Kila Street, Chinathumpoor, Kilvelure Taluk, Nagapattinam District.
(Both are confined in District Prison - Nagapattinam) ..Petitioners/A1 and A2 Vs State rep by the Inspector of Police Veliyappam Police Station, Nagapattinam District.
(Crime No. 73 of 2026) ..Respondent(s) PRAYER:- Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to enlarge the petitioners on bail in Crime No.73 of 2026 pending on the file of the respondent. For Petitioner(s):
Mr.P.Muthamizh Selvakumar For Respondent(s):
Mr.L.Baskaran Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on 12.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.
2.
The petitioners/A1 and A2, were arrested and remanded to judicial custody on 06.03.2026 for the alleged offences punishable under Sections 296(B), 127(2) & 351(2) of BNS and later it was alter as Section 105 of BNS, 2023 in Crime No.73 of 2026 on the file of the respondent-police. 3.
The case of the prosecution is that owing to previous enmity, the accused went to the house of the victim, abused him and threatened him with dire consequences, during which, the accused pushed him down. Consequently, the case was registered for the offences punishable under Sections 296(b), 127(2) and 351(2) of BNS. However, the victim, who had been admitted to the hospital, died after failing to respond to the treatment. Hence, the case in Crime No.73 of 2026 was altered one under Section 105 of BNS. Hence the case. 4.
Mr.P.Muthamizh Selvakumar, learned counsel for the petitioners submitted that the petitioners are an innocent persons and have been falsely implicated in this case. He also submitted that the incident was neither
premeditated nor intentional, however, they are suffering incarceration from 06.03.2026. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for the grant of bail to the petitioners.
5.
Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal Side) appearing for the respondent-police reiterated the prosecution case and opposed the bail application. He further submitted that there are three accused in this case and the investigation is still pending. He also submitted that this is the second application for bail filed by the petitioners. 6.
Heard on both sides. This Court has perused all the materials available on record.
7. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsel on either side and considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions. (i) The petitioners shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned Judicial Magistrate Court No.II, Nagapattinam.
(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate Court No.II, Nagapattinam, shall obtain a copy of any one of their identity proofs to ensure their identity.
(iii) The petitioners shall report before the respondent-police everyday at 10.30 a.m., for a period of one month and thereafter, as and when required further interrogation.
(iv) The petitioners shall furnish their residential address and mobile numbers to the learned Judicial Magistrate Court No.II, Nagapattinam. (v) The petitioners shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023. (vi) The petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
(vii) The petitioners 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(viii) The petitioners shall also not directly or indirectly, cause any threat to the defacto complainant, victims, and witnesses. (ix) The petitioners shall not enter into the de facto complainant's house or his work place.
(x) The petitioners shall not try to contact the de facto complainant, victims, and witnesses either directly or through any electronic mode. (xi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate Court No.II, Nagapattinam, or Trial Court is entitled to
pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
20-05-2026 Index: Yes/No Speaking/Non-speaking order MTL/NR 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 - II, Nagapattinam.
2.
The Superintendent of Police (Prison), District Prison, Nagapattinam.
3.
The Inspector of Police, Veliyappam Police Station, Nagapattinam District.
4.
The Public Prosecutor, Madras High Court.
R.SAKTHIVEL, J.
MTL/NR 20-05-2026