Manikandan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Manikandan, S/o.Ramchandran, Gandhi Nagar, Palliagraharam, Thanjavur.

... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Nadukaveri Police Station, Thanjavur District.

Crime No.15/2025.

... Respondent/Complainant For Petitioner :

Mr.Dhilipan Pandian R L, Advocate.

For Respondent :

Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.15/2025 on the file of the respondent Police. ORDER : The Court made the following order :- 1/5

This Criminal Original Petition has been filed by the petitioner on 03.02.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.

2. The petitioner/ sole accused was arrested and remanded to judicial custody on 13.01.2025 for the alleged offences punishable under Sections 126(2), 308(5) and 351 (3) of the Bharatiya Nyaya Sanhita, 2023 in Crime No.15 of 2025 on the file of the respondent police.

3. The case of the prosecution is that on 13.01.2025, the petitioner herein extorted a sum of Rs.200/- from the defacto complainant. Hence, the complaint.

4. Mr.R.L.Dhilipan Pandian, learned counsel appearing for the petitioner, submitted that the petitioner has nothing to do with the alleged offence. He would further submit that a false case has been registered against the petitioner. He would further submit that the petitioner has been in judicial custody since 13.01.2025 and he is ready to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays for granting bail to the petitioner.

5. Per contra, Mr.R. Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent police, submitted that there are 11 previous cases against the petitioner. He would further submit that the petitioner is a habitual offender. He would further submit that the release of the petitioner on bail may 2/5

result in unforeseen incidents. Hence, he vehemently opposed the grant of bail to the petitioner.

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

7. The petitioner has been in judicial custody since 13.01.2025. There are 11 previous cases pending against the petitioner. On perusing the records, it reveals the fact that the petitioner has a permanent residence and deep roots in the society. Hence, there is less possibility of absconding. 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.20,000/- (Rupees Twenty 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, Thiruvaiyaru, Thanjavur District;

(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, Thiruvaiyaru, Thanjavur District, shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall furnish his residential address and mobile number; 3/5

(iv) The petitioner shall appear and sign before the respondent Police daily at 10.00 a.m., and 05.00 p.m. until further orders; (v) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; and (vi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District 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/- 05/02/2025 / TRUE COPY / 05/02/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU THANJAVUR DISTRICT 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

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3 THE SUPERINTENDENT, DISTRICT PRISON, THANJAVUR, THANJAVUR DISTRICT.

4 THE INSPECTOR OF POLICE, NADUKAVERI POLICE STATION, THANJAVUR DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.2266 of 2025 Date :05/02/2025 RS/IT/SAR-(05.02.2025) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5