Manickam v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. MANICKAM S/o. Perumal, No.1/1282, Etikuttai, Paruvathanaalli, Pennagaram, Dharmapur Petitioner(s) Vs

1. The State Represented By The Inspector of Po1ice, Pennagaram Police station, Dharmapuri District Cr.

No.282 of 2025 Respondent(s) PRAYER To grant Anticipatory bail to the petitioner herein in the event cf their arrest or surrender in Crime Number. 282 of 2025 on the tile of the Respondent Police Station and thus render Justice.

For Petitioner(s):

M.Jaisingh For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 133, 118(1) and 351(3) of BNS, 2023 in Crime No. 282 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner waylaid the defacto complainant, attacked him with a slipper and roof tiles, and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that the the injured discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case and also considering the fact that the victim discharged from the hospital and that there are no previous cases against the petitioner, this Court is inclined to grant

anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Pennagaram, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition: (a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

03-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa To 1.The District Munsif cum Judicial Magistrate, Pennagaram. 1.The State Represented By The Inspector of Po1ice, Pennagaram Police station, Dharmapuri District Cr.

No.282 of 2025 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 29768 of 03-11-2025