Manikandan v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2025
CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN
1. Manikandan.
2. Poorani.
... Petitioners/Accused 2 & 3 /versus/ State Rep by;
The Inspector of Police, Mettupalayam Police Station, Coimbatore District.
(Crime No.408 of 2025) ...Complainant/Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., / under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.408 of 2025, pending investigation on the file of the respondent police. For Petitioners :
Mr.C.S.Saravanan For Respondent :
Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/6
O R D E R
The petitioners, apprehending arrest at the hands of the respondent police for alleged offences punishable under Section 386 of IPC in Crime No.408 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. It is alleged that during December 2023, the car of the defacto complainant was taken away by the accused persons. Out of fear, they have not given the complaint for more than 11⁄2 years. On 07.08.2025, one Vijayakumar has given a complaint to the respondent police against four persons. These petitioners are A2 and A3, who are husband and wife. They claim that they are innocent persons and they have nothing to do with the alleged forcible seizure of the defacto complainant's car.
3. The Learned Counsel for the petitioner states that the car is in possession of A1 and the complaint given after 1 1⁄2 years itself clearly shows that it is a concocted complaint.
4. The Learned Government Advocate (Crl.Side) appearing for the respondent states that under the guise of negotiation, the defacto complainant was called to the place of this petitioner in his car, the complainant who went in 2/6
his car, was threatened and the car was seized from his possession. Reading of the complaint indicates that it is money transaction between the defacto complainant and one Sundarrajan, who is the 4th accused in this case. The complaint is alleged to have been given 20 months after the occurrence. It is admitted that the car of the defacto complainant is not in possession of these petitioners.
5. Considering the submissions made by the Learned Counsel appearing on either sides and since custodial interrogation of the petitioners are not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners ordered to be released on bail in the event of arrest or on their appearance, on or before 30.09.2025 before the Learned Judicial Magistrate, Mettupalayam on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a likesum to the satisfaction of the learned Magistrate concerned and on further condition that:- [a] If the petitioners fail to surrender before the concerned Court on or before 3/6
30.09.2025, this Order shall stand automatically cancelled;
[b] 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; [c] The petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.
[d] 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];
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of 4/6
B.N.S.
15.09.2025 bsm To,
1. The Judicial Magistrate, Mettupalayam.
2. The Inspector of Police, Mettupalayam Police Station, Coimbatore District. 3.The Public Prosecutor, High Court of 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.
5/6
Dr.G.JAYACHANDRAN, J.
bsm 15.09.2025 6/6