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Madras High CourtCRL OP(MD)/11021/2026granted

Manikuttan v. State Of Tamilnadu Rep By Inspector Of Police, Kaliyakkavilai

2026-06-15Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 11021 of 2026 Manikuttan ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Kaliyakkavilai Police Station, Kanniyakumari District.

(Crime No.159 of 2026)

...Respondents/Complainant

For Petitioner : Mr.A.Balakrishnan Advocate.

For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 159 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 331(4) and 305 of BNS , in Crime No. 159 of 2026, on the file of the respondent police, seeks anticipatory bail. 1/6

2. The case of the prosecution is that the first accused trespassed into the defacto complainant's house by breaking back side door and stolen 4 1⁄2 sovereign jewels from the house. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is 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. Previously, the first accused sold his property to the petitioner. Except the seller buyer relationship, there is no connection between them. Hence, he prays to grant Anticipatory Bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. The accused persons committed theft of gold jewels by breaking open the doors of the defacto complainant's house. This petitioner has been implicated on the basis of the confession statement of the co-accused. The A1 had given money to the petitioner for loan purpose. The petitioner has no previous case. Investigation is still pending. He vehemently opposed the grant of anticipatory bail to the petitioner. 2/6

5. Heard both sides and perused the materials available on record.

6.

Considering the rival submissions on either side and the nature of offences charged against the petitioner, based on the confession statement of the co-accused, this petitioner has been implicated in this case, even according to the prosecution the A1 had given money to the petitioner for the loan purpose, except that there is no direct nexus between them in the present occurrence, part of the properties were recovered, the petitioner has no previous case and considering all other facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.

I, Kuzhithurai, on condition that the petitioner shall execute a bond for a sum of Rs.

[b] the petitioner shall report before the respondent police at 10.30 a.m., on every Saturday, for a period of four weeks, 3/6

thereafter as and when required for interrogation: [c] the petitioner shall not commit any offences of similar nature.

[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 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 B.N.S.

(P D B J) 15.06.2026 TM To 1.TheJudicial Magistrate No.I, Kuzhithurai.

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2.The Inspector of Police, Kaliyakkavilai Police Station, Kanniyakumari District.

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

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 11021 of 2026 Date : 15.06.2026 6/6