G.S.Manikandan v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.28366 of 2025 G.S. Manikandan ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, All Women Police Station, Ambattur.
(Crime No.47 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.47 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. E.V. Chandran @ E. Chandrasekaran For Mr. M. Naresh Babu For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 10.09.2025 for the offences punishable under Sections 69, 318(4) and 115(2) of BNS in Crime No.47 of 2025, registered on the file of the respondent police, seeks bail. The earlier bail application of the petitioner was dismissed by this Court, vide order dated 03.10.2025 in Crl.O.P.No.27108 of 2025.
2.
The case of the prosecution is that, the petitioner and the defacto complainant belongs to same village and they know each other; that thereafter the petitioner developed a relationship with the defacto complainant and under the pretext of marriage, had sexual intercourse with the defacto complainant; that it is alleged that the petitioner obtained a sum of Rs.7,00,000/- from the defacto complainant; that later the petitioner refused to marry the defacto complainant and not returned the money back and attacked her with weapons and caused injuries. Hence, this case. 3.
The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated and without proper enquiry, the 2/6
respondent had arrested the petitioner and he is in judicial custody since 10.09.2025. He also submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that the petitioner and the defacto complainant are aged about 27 years; that under the pretext of marriage, the petitioner had sexual intercourse with the defacto complainant and subsequently cheated her; and that the major part of the investigation is concluded. 5.
I have considered the submissions made on both sides and perused the materials available on record.
6.
Considering the facts of the case, the averments in the FIR, though the earlier bail application of the petitioner in Crl.O.P.No.27108 of 2025 was dismissed on 03.10.2025, taking note of the fact that major part of the investigation is concluded and the period of incarceration undergone 3/6
by the petitioner, 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 executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate, Ambattur 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 daily at 10:30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;
[c] 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 4/6
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];
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 16.10.2025 stn 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 Judicial Magistrate, Ambattur.
2. The Inspector of Police, All Women Police Station, Ambattur.
(Crime No.47 of 2025) 5/6
K. RAJASEKAR, J.
stn
3. The Superintendent, Central Prison-II, Puzhal.
4. The Public Prosecutor, High Court of Madras.
Crl.O.P. No.28366 of 2025 16.10.2025 6/6