Manikandan Alias Kalani Mani v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2025 PRESENT The HONOURABLE MR. JUSTICE R. SAKTHIVEL Manikandan Alias Kalani Mani ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Koodal Pudur Police Station, (In Crime No. 1227 of 2016).

... Respondent/Complainant For Petitioner :

Mr.B.Arun, Advocate For Respondent :

Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in connection with the case n S.C. No. 707 of 2018 on the file of the Principal Sessions Judge, Madurai in crime no. 1227 of 2016 on the file of the Respondent police.

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 03.01.2025 1/5

under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.

2. The petitioner/ accused was arrested and remanded to judicial custody on 29.11.2024 for the alleged offences punishable under Section 3 of Tamil Nadu Property (Prevention of Damage and Loss) Act, in Crime No.1227 of 2016 on the file of the respondent police.

3. The case of the prosecution is that the petitioner caused damages to the PVC water tanks to the tune of Rs.60,000/-. Hence the case.

4. The learned counsel appearing for the petitioner submitted that the petitioner is a lorry driver. Hence he could not appear before the trial Court on 02.09.2022. His absence is neither wilful nor wanton and he is ready to abide any conditions to be imposed by this Court and prayed to grant bail to the petitioner.

5. The learned Additional Public Prosecutor appearing for the respondent police submitted that in this case originally petitioner was arrested on 18.10.2016 and then released on bail. Thereafter, he did not appear before the trial Court and therefore, a non bailable warrant has been issued on 02.09.2022 and the same was able to be executed only on 29.11.2024. He further submitted that in this case trial has commenced and out of eight witnesses, so far P.W.1 to P.W.3 have been examined. Another accused is still absconding and an non-bailable warrant is 2/5

pending against that accused. Therefore, he prayed to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. The petitioner was arrested on 29.11.2024 and is in judicial custody. The petitioner has a permanent residence and deep roots in the society. Hence, there is less possibility of absconding. Hence, considering the nature of the offence and also the stage of the trial and with a view to give one more opportunity to reform himself, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) along with two sureties each for a like sum of Rs.20,000/- (Rupees Twenty Thousand Only) to the satisfaction of the learned Judicial Magistrate No.VI, Madurai District. Among two sureties one shall be a blood surety. (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

(iii) The petitioner shall furnish his residence address and mobile number: 3/5

(iv) The petitioner shall appear and sign before the respondent police, daily at 10.00 a.m., until the trial is concluded;

(v) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; (vi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 03/02/2025 / TRUE COPY / 03/02/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR To 1.The Judicial Magistrate No.VI, 4/5

2.Do through the Chief Judicial Magistrate, 3.The Inspector of Police, Koodal Pudur Police Station, 4.The Superintendent, Central Prison, Madurai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.163 of 2025 Date :03/02/2025 ED/ /SAR- (03/02/2025) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5