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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Mani @ Manikandan .. Petitioner Vs.

State represented by The Inspector of Police, P-6 Kodungaiyur Police Station Chennai Crime No.108 of 2023 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in Crime No.108 of 2023 on the file of the respondent police. For Petitioner : Mr. G.Pandian For Respondent : Mr.R.Vinoth Raja Government Advocate (Crl.side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 07.04.2025, for the offence punishable under Sections 148, 341, 302, 506(ii) r/w 120(B) IPC registered in Crime No.108 of 2023 on the file of the respondent, seeks bail.

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2. The case of the prosecution is that the case the NBW against the petitioner was issued on 05.04.2025 and executed within two days i.e on 07.04.2025. The petitioner was absent for 313 Cr.P.C questioning from 07.04.2025. Now, the petitioner has filed recall petition under Section 311 Cr.P.C.

3. Learned counsel appearing for the petitioner submitted that the petitioner had not appeared due to health illness. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.side) appearing for the respondent police, submitted that the NBW was issued on 05.04.2025 and executed on 07.04.2025. Hence, he strongly opposed to grant bail to the petitioner.

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, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his/her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 2/5

with two sureties each for a like sum to the satisfaction of the learned XVI Additional District and Sessions Judge, Chennai 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 trial Court on every Tuesday apart from hearing dates. [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, she 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 petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned 3/5

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. 01.08.2025 Shl 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 XVI Additional District and Sessions Judge, Chennai.

2. The Inspector of Police, P-6 Kodungaiyur Police Station Chennai.

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

4. The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

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