Manikandan v. State Rep. By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. Manikandan S/o.Manjan No.2/56-A, Ayyampalayam Pollikalipalayam, Karaipudur, Palladam, Tiruppur.
Petitioner(s) Vs
1. State rep. By, Inspector of Police, Sirumugai Police Station, Coimbatore District. (Crime No. Not Known of 2025) Respondent(s) PRAYER To enlarge the petitioner on bail in the event of arrest in Crime No. Not known of 2025 on the file of the respondent police and thus render justice. For Petitioner(s):
Franklin J For Respondent(s):
Mr.S.Udayakumar Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 115(2), 351(3) of BNS and r/w. Section 4 of TamilNadu Prohibition of Harassment of Women Act 2002 in Crime No. not known of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and the defacto complainant's granddaughter are husband and wife. Due to certain family disputes they were got separated. The petitioner suspecting that the defacto complainant was reason for the disputes and the subsequent separation and on 23.10.2025 at night hours the petitioner went to the defacto complainant's house house, assaulted her, and used filthy language against her. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that there are no bad antecedents against the petitioner. Therefore, he prays for grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.side) would submit that the
injured has been discharged from the hospital and there are no previous cases against the petitioner. However, he vehemently 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 bad antecedents 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 Judicial Magistrate, Mettupalayam, 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 two 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.
04-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa
To 1.The Judicial Magistrate, Mettupalayam.
2.State rep. By, Inspector of Police, Sirumugai Police Station, Coimbatore District. (Crime No. Not Known of 2025) 3.The Public Prosecutor High Court of madras.
K.RAJASEKAR J.
mpa CRL OP No. 29881 of 04-11-2025