Manikandan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Manikandan, M/32, S/o.Mohan ..Petitioner/ Accused No.1 Vs The State of Tamilnadu The Inspector of Police, Central Police Station, Thoothukudi, Thoothukudi District.
(Crime No.168 of 2015) .. Respondent/Complainant For Petitioner : Mr.G.Radhakrishnan For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in S.C.No.225 of 2020 on the file of the 1st Additional District and Sessions Judge, Thoothukudi, in Crime No.168 of 2015, pending investigation on the file of the respondent police.
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ORDER : This Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded into judicial custody on 03.12.2024 for the offences punishable under Sections 147, 294(b), 302 and 506(2) of IPC and Section 120(b) r/w 34 of IPC in S.C.No.225 of 2020 on the file of the 1st Additional District and Sessions Judge, Thoothukudi, seeks bail.
2. The learned counsel for the petitioner submitted that When the case was posted for hearing on 24.07.2024 and the said date, the petitioner did not appear before the trial Court. Accordingly, the lower Court issued Non Bailable Warrant against the petitioner for his non appearance and he was secured on 03.12.2024. He further submitted that due to some illness, he could not appeared before the trial Court. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. He further submitted that the petitioner undertakes that he will not abscond and she will regularly appear before the Trial Court on hearing dates without fail. He further submitted that the petitioner is in judicial custody from 03.12.2024. Hence, he seeks bail.
3. The learned Government Advocate (Criminal Side) submitted that the petitioner failed to appear before the trial Court, due to which the trial Court had 2/6
issued Non Bailable Warrant to the petitioner. The petitioner was arrested and remanded to judicial custody on 03.12.2024. He further submitted that the investigation has been completed and the charge sheet has also been filed in S.C.No.225 of 2020. However, he strongly objected to grant bail to the petitioner.
4. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the investigation has been completed and the charge sheet has also been filed and also considering the period of incarceration suffered by the petitioner, this court is inclined to grant bail to the petitioner, subject to the following conditions:
5. Accordingly, the petitioner is ordered to be released on bail on executing 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 learned Judicial Magistrate No.IV, Thoothukudi, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. 3/6
[b] The petitioner shall furnish her residential address and contact number to the learned Judicial Magistate No.IV, Thoothukudi. If the petitioner changes her residential address, she shall report the same to the learned Judicial Magistrate No.IV, Thoothukudi, ; [c] the petitioner shall appear before the learned 1st Additional District and Sessions Judge,Thoothukudi, on all working days at 10.30 a.m. until further orders.
[d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the 4/6
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.
sd/- 24/06/2025 (*)AMENDED AS PER THE ORDER OF THIS HON'BLE COURT DATED 07/07/2025 MADE IN CRL.MP(MD).8544/2025 / TRUE COPY / 07/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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TO TO BE SUBSTITUTED WITH THE ORDER DATED 24/06/2025 ALREADY DESPATCHED
1. THE LEARNED JUDICIAL MAGISTRATE NO.IV, THOOTHUKUDI.
2.THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI 3.I ADDITIONAL DISTRICT AND SESSIONS JUDGE, THOOTHUKUDI.
4. (*) THE OFFICER IN CHARGE, DISTRICT JAIL, PERURANI, THOOTHUKUDI DISTRICT.
5. THE INSPECTOR OF POLICE, CENTRAL POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.
6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10498 of 2025 Date :24/06/2025 PR/24 .06 .2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6