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Madras High CourtCRL OP/35555/2025granted

Manikandan v. State Rep.By, Inspector Of Police,

2025-12-30Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL G.Manikandan S/o. Gandipan, No.138, Ambedkar Street, Ponneri, Tiruvallur District.

Petitioner(s) Vs State Rep.by, Inspector of Police, Minjur Police Station, Tiruvallur District.

Crime No.96/2020 Respondent(s) PRAYER: The criminal original petition filed under Section 482 of BNSS to enlarge the Petitioner on Bail in the event of arrest in connection with Crime No. 96 of 2020 on the file of Respondent Police, pending investigation. For Petitioner(s):

Mr.R. Jai Gandhi For Respondent(s):

Mr.S.Udaya Kumar Govt. Advocate (Crl.Side)

ORDER

The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 294(b), 420 and 506(ii) of IPC, in connection with the case in Crime No.96 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that the first accused took the petitioner's vehicle on a monthly rental basis and failed to pay the rent. When the de facto complainant questioned this, the first accused threatened him with dire consequences.

3. The learned counsel for the petitioner would contend that the respondent police recovered the car and handed over to the de facto complainant and now, there is no transaction between them. He further submits that the petitioner is an innocent and he has been falsely implicated in this case and custodial interrogation of the petitioner is not required, hence, prayed to grant anticipatory bail to the petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) would submit that the first and second accused have taken the vehicle of the de facto complainant on a monthly rental basis for a sum of Rs.35,000/- but did not pay any rent. The first accused has already been granted anticipatory bail.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6.Considering the nature of offences and the fact that there is a dispute between the parties in respect of business transactions and the co-accused has already been granted on bail and that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner on 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Ponneri on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioner and 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 respondent police every Saturday at 10.30 a.m for a period of four weeks. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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 abscond, a fresh FIR can be registered under Section 269 B.N.S.

30-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes srm/sms

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 official website of this Court will be watermarked and will also have a QR code.

To 1.Judicial Magistrate No.II, Ponneri.

2.The Inspector of Police, Minjur Police Station, Tiruvallur District.

3.The Public Prosecutor High Court, Madras.

P.DHANABAL J.

srm/sms 30-12-2025