Manikandan v. The State Represented By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR 1.Manikandan 2.Sarathkumar 3.Muthulingam @ Chinnamuthu ... Petitioners -vsState Rep by, Inspector of Police Ethapur Police Station, Salem District (Crime No.428 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in the event of their arrest in Crime No.428 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.T.Ganesan For Respondent :

Mr.S.Udayakumar Government Advocate (Crl.Side) ********** 1/5

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS Act in Crime No.428 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, the petitioners attacked the defacto complainant and caused injuries. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution and they have been falsely implicated in this case. Hence, prays to grant bail to the petitioners.

4. The learned Government Advocate(Crl.Side) reported that it is a case and case in counter. The petitioners have no previous cases pending against them and the injured has been discharged from the hospital. Hence, opposed for grant of bail to the petitioners.

5.Taking into consideration the facts and circumstances of the case and that submissions made by the learned counsel and also of the fact that the injured has been discharged from the hospital and there is a case in counter, I am inclined to grant anticipatory bail to other petitioners with certain conditions. 2/5

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Auttur, on condition that the petitioner shall execute a separate 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 petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of two week 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 3/5

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.

17.11.2025 mpa To 1.The Judicial Magistrate-I, Auttur.

2.The Inspector of Police Ethapur Police Station, Salem District 3.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

mpa 17.11.2025 5/5