Manikandan, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN 1.Manikandan 2.Karuppasamy 3.Sivakami 4.Shanthi 5.Panner @ Panner Selvam 6.Kanniammal 7.Vanrajan 8.Eswari ... Petitioners Vs State of TamilNadu rep. by The Inspector of Police, Ambilika Police Station, Dindigul District.
(Crime No.76 of 2025) ... Respondent For Petitioner : M/s.Kanimozhi Mathi For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.76 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- 1/5
The petitioners/Accused Nos.1 to 8, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 296(b), 189(2), 126(2), 118(1) of BNS and under Section 4 of the TamilNadu Prohibition of Harrassment of Women Act, 2002 in Crime No.76 of 2025, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that due to previous enmity, the accused persons have been assembled and scolded the defacto-complainant and his family members in filthy language and attacked with weapons. Hence the complaint.
3. The learned Counsel for the petitioners would submit that defactocomplainant is a practicing lawyer and he is a drunkard. In a inebriated condition, he often beaten his wife indiscriminately. He frequently quarreled with his neighbours and he used to lodged various false complaints. The petitioners were not involved in any of the offences as alleged by the prosecution. The petitioners are innocents and they are falsely implicated in this case. He further submits that the petitioners are ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.side) would submit that due to previous enmity between the defacto-complainant and the petitioners, they scolded and attacked each other and sustained injuries. Injured persons were admitted in 2/5
hospital and subsequently they were discharged from hospital. There is a counter case in Crime No.75 of 2025 and the same was pending before the respondent police. There are no previous cases against the petitioners. However, he prays to dismiss this Criminal Original Petition.
5. Considering the nature of the allegations and considering the fact that counter case in Crime No.75 of 2025 is pending before the respondent police, injured persons have been discharged from hospital, this Court is inclined to grant an order of anticipatory bail to the petitioners with certain conditions:
6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court, Oddanchatram, Dindigul District, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 condition that:
[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their 3/5
Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioners shall report before the respondent Police daily at 10.30a.m.until further orders.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 of BNS 2023.
sd/- 09/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
GVN 4/5
TO 1.The Judicial Magistrate Court, Oddanchatram, Dindigul District. 2.Do through the chief Judicial Magistrate, Dindigul District. 3.The Inspector of Police,Ambilika Police Station, Dindigul District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai.
ORDER
IN CRL OP(MD) No.6326 of 2025 Date :09/05/2025 PP/26.05.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5