Manikandan v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.06.2025 PRESENT The HONOURABLE MR.JUSTICE P.VADAMALAI Manikandan, S/o.Murugaiah

...Petitioner / Accused No.1

Vs The State of Tamil Nadu, Rep by the Inspector of Police, Aranthangi Police Station, (Crime No.234 of 2025) ... Respondent/ Complainant For Petitioner :

Mr.R.Prasanna, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Crime No.234 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / accused, who was arrested and remanded to judicial custody on 31.05.2025 for the offences under Sections 296(b), 115(2), 109 and 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.234 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint stating that on 26.05.2025 at around 08.00 hours, while he and his friends were conversing near Aliyanilai Village, the petitioner and two others arrived on a bike carrying sand filled in sacks. The defacto complainant and his friends stopped them, seized the sandbags, and chased them away. The further case of the prosecution is that on the same day, at about 14.30 hours, while the defacto complainant and three of his friends were standing near a banyan tree at Oothukuli, the petitioner and the other two accused returned to the spot and verbally abused the defacto complainant in filthy language. Thereafter, the petitioner assaulted the defacto complainant on his hand with a long knife and subsequently threatened him and his companions. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioner. He 2/6

would further submit that the defacto complainant and his friends abused the petitioner by referring to his caste name. He would also submit that the present case is a counter-case. He would further submit that the defacto complainant and his friends assaulted the petitioner on his head, causing him to sustain severe head injuries. He would further submit that there are no previous cases against the petitioner. He would further submit that the petitioner is in custody from 31.05.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that there are totally three accused persons in this case and the petitioner has been arrayed as A1. He would further submit that the injured was admitted in the hospital and discharged on 06.06.2025. He, however, would submit that the investigation in this case is still pending and that, at this stage, if bail is granted to the petitioner, he will cause threat to the defacto complainant and tamper with the evidence. He, therefore, opposes the grant of bail to the petitioner.

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

6. Taking into consideration the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioner and also taking into consideration the period of incarceration and also taking note that the injured has 3/6

already been discharged, this court is inclined to grant bail to the petitioner, however, subject to the following conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his 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 Court, Aranthangi, 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.

[b] the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate Court, Aranthangi. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate Court, Aranthangi.

[c] the petitioner shall appear and sign before the respondent police daily 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.

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[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

8. In the result, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 12/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO

1. The Judicial Magistrate Court, Aranthangi.

2. Do-Through The Chief Judicial Magistrate, 5/6

3. The Officer-in-Charge, District Prison, Pudukkottai.

4. The Inspector of Police, Aranthangi Police Station,

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.PRASANNA, Advocate ( SR-6217[I] dated 12/06/2025 )

ORDER

IN CRL OP(MD) No.9831 of 2025 Date :12/06/2025 MK/12.06.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6