Manickam v. The State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Manickam S/o.Manoharan, No.49, Ponniyamman Nagar, Kollaimedu, Vachur, Katpadi Taluk, Vellore District. Presently residing at No.43, Periyar Street, Kalinjur, Katpadi Taluk, Vellore District.
Petitioner(s) Vs The State by, The Inspector of Police, Virudampet Police Station, Vellore District.
Cr.No.132/2025.
Respondent(s) PRAYER To enlarge the petitioner on bail in Cr.No.132/2025 on the file of the Inspector of Police, Virudampet Police Station, Vellore District. 1/7
For Petitioner (s):
Mr.S.Silambuselvan For Respondent(s):
Mr.A.Gopinath, Govt. Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 06.08.2025 for the alleged offence under Section 296(b), 326(g), 75, 78 of BNS 2023 (u/sec. 294(b), 436, 354A, 354D) and Sec.4 of TNPPDL Act in Crime No.132 of 2025 on the file of the respondent police, seeks bail.
2. The case of prosecution is that the defacto complainant was a married woman and having two sons, but due to some misunderstanding she was separated from her husband staying at her mother's house and the petitioner is residing at the opposite house of her mother's house. On knowing her loneliness, he disturbed her, which was being reprimanded by her mother. While so, on 05.082025 at about 08.30 p.m. when she was returning after her work, he intercepted and told that she mended the mind and whims of petitioner and around 09.30 p.m., her thatched hut was found burning backside. She doused the fire and found furnitures were damaged. Hence, the complaint was registered against the petitioner.
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3. The learned counsel appearing for petitioner submitted that the specific overtact attributed against the petitioner as if he caused damages to the house of defacto complainant and developed illegal intimacy with her, but in fact, 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. He would submit that he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would further submit that the investigation almost completed and that the petitioner has been suffering incarceration for more than 33 days from 06.08.2025. Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent raised objections stating that he had a illegal intimacy with the defacto complainant and thereafter, he had wordy quarrel and caused damages. 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 and no previous cases pending against him. However, he would vehemently opposed to grant bail to the petitioner.
5. Considering the facts and circumstances and the fact that the investigation almost completed and considering the period of incarceration 3/7
undergone by the petitioner from 06.08.2025 for more than 33 days, 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.30,000/- (Rupees thirty thousand only) into the credit of Crime No.132 of 2025 for mental agony caused to her before the concerned Magistrate within a period of two weeks from the date of receipt of copy of this order and on such deposit, the defacto complainant is permitted to withdraw the amount on filing undertaking affidavit and on production of proper identification and acknowledgement. On such deposit, 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 Judicial Magistrate Court No.3, Vellore, and on further conditions that::
(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 on alternative days at 10.30 a.m. for the period of three months and he shall not have any communication with the defacto complainant.
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(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;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
08-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp 5/7
To 1.The Judicial Magistrate No.3, Vellore.
2.The Inspector of Police, Virudampet Police Station, Vellore Dt.
3. The Superintendent of Prison, Central Prison, Vellore. 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. 24482 of 08-09-2025 7/7