Manikandan v. State Of Tamilnadu Rep By Inspector Of Police, Iwcid-Thanjavur Range,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Manikandan

...Petitioner/Accused No.1

Vs State of Tamil Nadu rep. by The Inspector of Police, IWCID-Thanjavur Range, Thanjavur District.

(Crime No.2 of 2026)

...Respondent/Complainant

For Petitioner:Mr.M.Jegadeesh Pandian for R.Thamarai Selvan Advocate.

For Respondent:Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 2 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner / accused No.1, who was arrested and remanded to judicial custody on 08.02.2026 for the offences punishable under Section 305(d) of BNS and 35(1)(e) and 106(i) of BNSS, in Crime No.2 of 2026 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 06.02.2026, based on the secret information from an informant, the respondent police intercepted a suspiciously stationary vehicle near the large empty field beside the national highway connection Thanjavur to Chennai. On search, he came to know that the petitioner and other accused illegally smuggled antique sculptures. Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. The petitioner has been arrested and remanded to judicial custody on 08.02.2026. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate appearing for the respondent would submit that the property has been recovered and investigation is completed. He would further submit that the petitioner has two previous cases, which are not similar in nature. However, he opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

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6. Considering the rival submissions made by the learned counsel on either side, nature of offence and considering the fact that the property has been recovered and even according to the prosecution, the idol belongs to A3 and the petitioner is only a driver of the vehicle for which, the idols transported by him and though the petitioner has two previous cases, the same are not similar kind of offence and in two cases, the petitioner was already granted bail and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of 4/8

Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Additional Chief Judicial Magistrate, Kumbakonam, and on further conditions that:

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper 5/8

with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(P D B J) 30.03.2026 vsg 6/8

To 1.The learned Additional Chief Judicial Magistrate, Kumbakonam.

2.The Inspector of Police, IWCID-Thanjavur Range, Thanjavur District.

3.The Officer-in-Charge, Sub Jail, Kumbakonam. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J vsg

ORDER

IN CRL OP(MD) No. 4943 of 2026 Date : 30.03.2026 8/8