Manikandan v. The State Rep.By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.34819 of 2025 1.Manikandan 2.Deivam 3.Maduraveeran 4.Chinnadurai 5.Ranjith 6.Arul 7.Suresh ... Petitioners -vsState Rep by, The Inspector of Police, Thiruchengode Town Police Station, Namakkal District.

(Crime No.408 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.408 of 2025 on the file of the respondent police.

For Petitioners :

Mr.M.Karthik For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side) *********

ORDER

The petitioners were arrested and remanded to judicial custody on 1/5

13.11.2025 for the offences punishable under Section 303(2) of BNS, in Crime No.408 of 2025, registered on the file of the respondent police, seeks bail.

2. The allegation against the petitioners is that they along with other accused, committed theft of cables belonging to the defacto complainant to the value of Rs.1.27,000/-. The petitioners were arrested and remanded to judicial custody. Hence, the present petition.

3. Learned counsel appearing for the petitioners submitted that petitioners 2, 4, 6 and 7 have already been released on bailk, and, therefore, the petition in respect of them is not pressed. As far as the remaining petitioners are concerned, they have been in judicial custody since 13.11.2025. Hence, he prayed to grant bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that only a portion of the property was recovered and that the petitioner is not having any previous case against him. Hence, he opposed to grant bail to the petitioners.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions made by the learned counsel on both sides, the fact that the petition in respect of petitioners 2, 4, 6 & 7 is dismissed as not pressed, and considering the period of incarceration of the remaining petitioners, this Court is inclined to grant bail to the petitioners 1, 3 and 5 with certain 2/5

conditions.

7. Accordingly, the petitioners 1, 3 & 5 are ordered to be released on bail on their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Thiruchengode, Namakkal District, 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 petitioners, 1, 3 & 5 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. [c] the petitioners 1, 3 & 5 shall not abscond either during investigation or trial;

[d] the petitioners 1, 3 & 5 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 petitioners 1, 3 & 5 in accordance with law as if the conditions have been imposed and the petitioner released on bail by 3/5

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.

08.01.2026 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 Court, Thiruchengode, Namakkal District.

2.The Inspector of Police, Thiruchengode Town Police Station, Namakkal District.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras.

4/5

K. RAJASEKAR, J.

drl Crl.O.P.No.34819 of 2025 08.01.2026 5/5