Mani@Manikandan v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.32547 of 2025 Mani @ Manikandan Petitioner Vs The State Represented by The Inspector of Police, Kandhili Police Station, Tirupattur District.
Crime No.185 of 2017.
Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail concerned in P.R.C. No.31 of 2020 pending trial before the learned Judicial Magistrate Court, Tirupattur.
For Petitioner:
Mr.V.Sakkarapani For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 31.10.2025, for the alleged offence punishable under Sections 397, 395, 451 r/w 34 of IPC, in Crime No.185 of 2017, on the file of the respondent police, seeks bail.
2. The allegation against the petitioners is that, the petitioner was earlier arrested and released on bail for the offences under Sections 397, 395, 451 r/w 34 of IPC. After filing of final report, summons was issued and since the petitioner was not appeared, NBW was issued on 07.10.2025 and the same was executed on 08.10.2025. Hence this case.
3. Learned counsel appearing for the petitioner submitted that the
petitioner is an innocent person and he has been falsely implicated in this case and no summon was served on him after filing the final report. However, he submitted that he was very much available in the address given in the final report. He would further submit that the petitioner was arrested and he is in judicial custody from 31.10.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.
4. Learned Government Advocate (Crl. Side) appearing on behalf of the respondent police submitted that totally 8 accused in this case, the petitioner is ranked as A8 and earlier he was arrested and released on bail, NBW was issued and now he had been apprehended. He further submitted that A4 was died and against A2 NBW is pending. He further submitted that the petitioner has four previous cases pending against him. Hence, he opposed for grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions of the learned counsel on either side and the period of incarceration from 31.10.2025, I have also gone through the e-courts entry dated 29.10.2025 in connection with this case and it revealed that on that date the police have returned the summons issued to the petitioner under the ground that the petitioner was untraceable to them, hence NBW was issued, though it is stated that the petitioner is having four previous case, this Court is of the view that the petitioner is entitled for bail, and this Court is inclined to grant bail to the petitioners, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on
his executing 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 Judicial Magistrate, Tirupattur, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the Judicial Magistrate, Tirupattur daily at 10.30 a.m., for a period of three weeks;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been 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)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
27.11.2025 drl 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, Tirupattur.
2.The Inspector of Police, Kandhili Police Station, Tirupattur District.
3.The Superintendent, Central Prison, Salem.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.32547 of 2025
27.11.2025