Manikandan v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.34037 of 2025 Manikandan ... Petitioner Vs.
The State rep by , The Inspector of Police, F-4, Kavarapattai Police Station, Tiruvallur District.
... Respondent (Cr.No.242 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail in the event of the arrest in Crime No.242 of 2025 pending investigation on the file of the respondent police For Petitioner : Mr.P.Senthil For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 296(b), 118(1) and 351(3) of BNS in Cr.No.242 of 2025 pending investigation on the file of the respondent police. seeks anticipatory bail. 1/5
2. The case of the prosecution is that due to previous enmity, the petitioner had abused and attacked the defacto complainant, caused severe injuries to him and also threatened him with dire consequence. Hence, the present case.
3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution and there is no previous case against the petitioner and hence, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and reported that the petitioner is having no previous case. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the fact that the injured discharged from the hospital and no previous cases reported, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions:
7. 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, before the learned District MunsifCum-Judicial Magistrate, Gummidipoondi on condition that the petitioner 2/5
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 learned Magistrate concerned, and on further condition that: (a) If the petitioner 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 daily 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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 Act.
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12.12.2025 Vv To
1. The District Munsif-Cum-Judicial Magistrate, Gummidipoondi
2. The Inspector of Police, F-4, Kavarapattai Police Station, Tiruvallur District.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
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K.RAJASEKAR , J.
Vv Crl.O.P.No.34037 of 2025 12.12.2025 5/5