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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Mani @ Manikandan ..Petitioner Vs State rep.by The Inspector of Police, Macdonald Choultry Police Station, Salem District.

[Crime No.131 of 2026] ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail, in the event of arrest in Crime No.131 of 2026 on the file of the Inspector of Police, Machdonald Choultry Police Station, Salem District. For Petitioner:

Mr.B.Vasudevan For Respondent:

Ms.R.S.Indira Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 109(1) of Bharatiya Nyaya Sanhita 2023/corresponding to 307 IPC in Crime No. 131 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that A2 is the brother of A1, and the wife of A2 allegedly had an illicit relationship with one Subramani. Consequently, A2 lodged a complaint with the Mecheri Police Station, but his wife refused to accompany him. Aggrieved by this, A1 and A2 shouted at her and declared that they would not spare Subramani. Due to this enmity, on 12.05.2026 at approximately 02:30 a.m., A1 assaulted the de facto complainant under the mistaken belief that he was Subramani, thereby causing him serious injuries. Hence, the complaint.

3. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. She further submits that the petitioner is ready to abide by any conditions that may be imposed by this Court, and therefore prays for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and submitted that the petitioner has no criminal antecedents. She further submits that the injured has already been discharged from the hospital on 17.05.2026.However, she opposed the grant of 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 totality of the circumstances, the absence of serious allegations against the petitioner, and the fact that the injured person has already been discharged from the hospital on 17.05.2026, this Court is of the view that the custodial interrogation of the petitioner is not required at this stage. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, 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 Judicial Magistrate - II, Sankari 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 twice a day at 10.30 a.m. and 05.30 p.m. until further orders;

(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.

23-06-2026 Index: Yes/No Speaking/Non-speaking order VEDA To 1.Judicial Magistrate - II, Sankari.

2.The Inspector of Police, Macdonald Choultry Police Station, Salem District.

3.The Public Prosecutor, Madras High Court.

C.KUMARAPPAN, J.

VEDA 23-06-2026