Manikandan K v. State Represented By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Manikandan ... Petitioner/Accused Vs.

The State represented by The Inspector of Police, Traffic Investigation Wing, Chrompet.

(Crime No.229 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.229 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.S.P.Meenakshi Sundharam For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 24.06.2025, for the offences punishable under Sections 281, 125(a), 105 1/6

of BNS, 2023 and Section 411 of TNMVR, 1989 r/w Sections 177, 185 of MV Act in connection with Crime No.229 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the de-facto complainant is a OLA car driver. On the date of occurrence, the petitioner in a drunken mood had driven the car in a wrong direction and dashed against the de-facto complainant's car, due to which, one pregnant lady and his father died. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further voluntarily submitted that the petitioner, in order to show his bonafide, is ready and willing to deposit a sum of Rs.3,00,000/- to the credit of the Crime No.229 of 2025 without prejudice to his right and defence in the above case. Hence, he prays for grant of bail to the petitioner.

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

submitted that the petitioner had driven the car in a wrong direction and dashed against the de-facto complainant's car, due to which, one pregnant lady and his father died.

5. Considering the submissions made on either side and on perusal of the material it is seen that the petitioner in a drunken state drove the car in a wrong direction and dashed against the de-facto complainant's car, due to which, one pregnant lady and his father died. Considering the period of incarceration undergone by the petitioner and the submission that the petitioner is willing to deposit an amount of Rs.3,00,000/- to the credit of Crime No.229 of 2025, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.3,00,000/- [Rupees Three lakhs only] to the credit of Crime No.229 of 2025 before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail on his 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 District Munsif cum Judicial 3/6

Magistrate, Pallavaram. The respondent police is directed to inform the victim's family about the deposit of Rs.3,00,000/- and on filing of appropriate petition or memo by the victim, the trial Court to hand over the amount of Rs.3,00,000/- to the victim's family, dispensing notice to the petitioner 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; [b] the petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of two weeks, thereafter as and when required for interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de-facto complainant and witnesses; [e] the petitioner 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;

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[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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. 23.07.2025 rsi 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.

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M.NIRMAL KUMAR, J.

rsi To 1.The District Munsif cum Judicial Magistrate, Pallavaram.

2.The Inspector of Police, Traffic Investigation Wing, Chrompet.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

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