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Madras High CourtCRL OP/16779/2026granted

Manikandan v. The State Rep By, The Inspector Of Police

2026-07-02Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-07-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Manikandan ..Petitioner(s) Vs The State Rep By, The Inspector of Police District Crime Branch, Dharmapuri District.

Crime No.03 of 2025 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in Crime No.03 of 2025 on the file of the respondent police. For Petitioner(s):

Mr.G.Paramasivam For Respondent(s):

Mr.S.Yogaraja Sekar Government Advocate (Criminal side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.05.2026 for the alleged offences under Sections 120 (b), 406, 408, 465, 468, 471, 477A, 506 (i), 420 of I.P.C. in Crime No.3 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner, along with the other accused misappropriated a sum of Rs.3 crores from the defacto-complainant's Hospital. Hence the case.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 20.05.2026. He further submitted that the petitioner is not an employee pf the defacto-complainant's hospital, whereas the petitioner's wife is an employee. The petitioner has been implicated in this case solely on the ground that he allegedly intimidated the defacto-complainant; except for this, no overt act has been attributed to him in the First Information Report. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, submitted that the First Information Report itself explicitly contains references to the misappropriation of Rs.3 crores. Hence, he opposed for grant of bail to the petitioner. 5.Although there is an allegation of cheating in this case, the overt act attributed to the petitioner is only about intimidation. Hence, considering the limited overt act against the petitioner and the fact that the petitioner has been incarcerated since 20.05.2026, this court is of the firm view that his further custody is not necessary. Consequently, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand

only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Dharmapuri, and subject to the following conditions:

[a] 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 the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

02-07-2026 ep

C.KUMARAPPAN, J.

EP 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 No.2, Dharmapuri.

2.The Superintendent of Prison, Central Prison, Salem.

3.The Inspector of Police District Crime Branch, Dharmapuri.

4.The Public Prosecutor High Court of Madras.

02-07-2026