Manimaran v. State Rep By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.20450 of 2025

1. Manimaran

2. Maheshwari ... Petitioners Vs.

State Rep. by, The Sub-Inspector of Police, Perambalur Police Station, Perambalur District.

Crime No. 344 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in Crime No. 344 of 2025 pending investigation on the file of the respondent. For Petitioner :

Mr.M.Vijaya Ragavan For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested on 25.06.2025, for the offence punishable under Sections 318(4), 319(1) and 336(3) of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.344 of 2025, registered on the file of the respondent, 1/6

seeks bail.

2. The case of the prosecution is that, the defacto complainant namely Kailashnath, who is Associate Registrar at Joint No.1, Sub Register Office, Perambalur lodged a complaint stating that on 25.06.2025, the petitioners along with other accused person presented a sale deed for registration and in which it was found that the second petitioner herein impersonated as one Muniyathal and produced fake aadhar card in her name.

3. Learned counsel appearing for the petitioners submitted that the petitioners are an innocent person and they have been falsely implicated in this case. He also submitted that the petitioners are no way connected with the alleged offence, however, they have been suffering incarceration from 25.06.2025. 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 grant of bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated 2/6

the prosecution case and submitted that the petitioners was arrested on 25.06.2025.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing 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 Judicial Magistrate No.1, Perambalur and on further conditions that: [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;

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[b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for further interrogation; [c] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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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. 1, Perambalur.

2. The Sub-Inspector of Police, Perambalur Police Station, Perambalur District.

3. The Central Prison, Trichy.

4. The Central Prison (Women)

5. The Public Prosecutor, High Court of Madras. 5/6

M.NIRMAL KUMAR, J.

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