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Madras High CourtCRL OP/23374/2025granted

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

2025-09-10Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Manikandan S/O Raji, No.138, 4th Street, Anna Sathaya Nagar, Vyasarpadi, Chennai.

Petitioner(s) Vs The State Rep By, The Inspector Of Police P-5, MKB Nagar Police Station, Vyasarpadi, Chennai.

Crime No.366 of 2025 Respondent(s) PRAYER To enlarge the petitioners on bail pending investigation in Crime No.366 of 2025 on the file of the respondent police.

For Petitioner(s):

Mr.M. Baskar For Respondent(s):

Mr.A.Gopinath Govt. Advocate (Crl. Side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 26.07.2025 for the alleged offence under Section 296(b), 132 and 109 of BNS in Crime No.366 of 2025 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on information, when the respondent police went to No.5-G2, JK Ramana Housing, Mettur Link Road, Sivaprakasam Nagar, Soorapet and arrested the absconding accused/petitioner herein in Cime No.456 of 2019 and 145 of 2021 and during transmit, under the guise of nature call, he got down from the vehicle and abused the police personnel and tried to attack the defacto complainant by throwing stone. Hence, the complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner submitted that he has been falsely implicated in this case as if he abused the police personnel and tried to attack them by throwing stone, but in fact there is no specific overtact attributed against the petitioner and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and he will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 47 days from 26.07.2025. Hence, he prayed to grant bail to the petitioner. 2/6

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that when the respondent police went to Soorapet and arrested the absconding accused/petitioner herein in Cime No.456 of 2019 and 145 of 2021 and during transmit, under the guise of nature call, he got down from the vehicle and abused the police personnel and tried to attack the defacto complainant by throwing stone with the intention to escape from custody, however no injury sustained by them. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances and the fact that the investigation is almost completed, no injury sustained by the respondent police and considering the period of incarceration undergone by the petitioner from 26.07.2025 for more than 47 days, 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 executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the Metropolitan Magistrate No.X, Egmore, Chennai, and on further conditions that::

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(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police daily morning at 10.30 a.m. and evening at 05.30 p.m. for the period of two months and he shall cooperate with the trial proceedings.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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) AIR SCW 5560]; and;

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(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

10-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To 1.The Metropolitan Magistrate No.X, Egmore, Chennai. 2.The Inspector of Police, P-5 MKB Nagar Police Station, Vyasarpadi, Chennai.

3. The Superintendent of Prison, Central Prison, Puzhal, Chennai. 4.The Public Prosecutor, High Court, Madras 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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T.V.THAMILSELVI J.

rpp CRL OP No. 23374 of 10-09-2025 6/6