Manikandan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.05.2025 PRESENT THE HONOURABLE MS. JUSTICE R.POORNIMA Manikandan

...Petitioner/

Accused No.3 Vs The State of Tamilnadu Rep. by the Inspector of Police, Pudur Police Station, Thoothukudi District.

(Crime No. 107 of 2025).

... Respondent/Complainant For Petitioners : Mr.V.Vishnu For Respondent : Mrs.M.Aasha Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.107 of 2025 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.3, who apprehends arrest at the hands of the 1/5

respondent police for the offences punishable under Sections 3(5), 296(b), 115(2), 118(1), 351(3) of BNS (Corresponding law 294(b), 324, 506(ii) of IPC) r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act in Crime No.107 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to a property dispute, the petitioner attacked the defacto complainant with an iron rod and a wooden log. Hence, the case.

3. The learned counsel for the petitioner submitted that due to a previous case, both parties were involved in a mutual attack, and a case and counter-case have been registered in Crime Nos.107 and 108 of 2025. He further submitted that Accused No.1 is still undergoing treatment in the hospital. Hence, he prayed that this petition be allowed.

4. The learned Government Advocate (Criminal Side) for the respondent police submitted that a total of five accused are involved. As regards Accused No.3, he attacked the defacto complainant with a stick, and the defacto complainant has since been discharged from the hospital.

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5. Taking into consideration the facts and circumstances of the case and also the fact that the injured has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Vilathikulam, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five 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, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled; [b] To maintain peace between the families, the petitioner shall stay away from the place of occurrence, reside in Coimbatore, and sign twice weekly before the Ukkadam Police Station, Coimbatore City until further orders; [c]the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[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]; and; [f] if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 28/05/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

NSR TO 1 THE JUDICIAL MAGISTRATE VILATHIKULAM.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE, PUDUR POLICE STATION, THOOTHUKUDI DISTRICT.

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

COPY TO:

THE INSPECTOR OF POLICE UKKADAM POLICE STATION, COIMBATORE CITY.

ORDER

IN CRL OP(MD) No.9148 of 2025 Date :28/05/2025 SS/SAR- /02/06/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5