Manikandan v. State By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. MANIKANDAN

2. SHANTHA

3. PAVITHRA Petitioners Vs State by, Inspector of Police Singarapettai Police Station, Krishnagiri District. Crime No. Not Known /2025.

Respondent PRAYER Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on bail in the event of his arrest in Crime No. Not Known / 2025 on the file of the Inspector of Police, Singarapettai Police Station, Krishnagiri District, Tamilnadu.

For Petitioners:

M/s.Prema Sudha For Respondent(s):

M/s. R. Vinoth Raja Ga (crl.

Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 115, 296(b), 351(3) of BNS Act, in Crime No.172 of 2025, seek anticipatory bail. 2.

The case of the prosecution is that due to previous enmity regarding common pathway, the petitioners attacked the defacto complainant, abused him in filthy language and thus committed the offence under sections 115, 296(b), 351(3) of BNS Act. Hence, the case.

3.

The learned counsel for the petitioners would submit that the petitioners also lodged a complaint against the defacto complainant and the same was registered in Crime No.171 of 2025 and in order to counter that, the present complaint has been lodged by the defacto complainant; and that custodial interrogation of the petitioners is not required for the purpose of investigation. Hence, he prays for grant of anticipatory bail to the petitioners.

4.

The learned Government Advocate (Crl. Side) for the respondent submitted that though no crime number is mentioned by the petitioners, a case in crime No.172 of 2025 has been registered by the respondent police against the petitioners for the offences under Section 115, 296(b), 351(3) of BNS Act. He would further submit that there is a case in counter in Crime No.171 of 2025 filed against the de-facto complainant based on the complaint given by the petitioners and he oppose for grant of bail to the petitioners. 5.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6.

Considering the nature of allegation and that it is a case of case and counter; and 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.

7. Accordingly, the petitioners is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Judicial Magistrate, Krishnagiri, 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 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 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 daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

27-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State by, Inspector of Police Singarapettai Police Station, Krishnagiri District.

Crime No. Not Known /2025.

2.The Judicial Magistrate, Krishnagiri.

3.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

gbi CRL OP No. 17817 of 27-06-2025