Manikandan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI 1.Manikandan S/o.Karuppaiah 2.Mathu Balaji, S/o.Boominathan, ..Petitioners/A2 & A3 Vs The State of Tamilnadu rep.by The Inspector of Police, Vadipatti Police Station, Madurai District.
(Crime No.105 of 2025) .. Respondent/Complainant For Petitioners : Mr.M.Paramasivam, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.105 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- 1/6
The petitioners /A2, & A3 who were arrested and remanded to judicial custody on 20.04.2025 and 21.04.2025 respectively for the offences punishable under Sections 296(b), 118(1) and 103(1) of BNS, in Crime No.105 of 2025 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 20.04.2025 at about 09.30 am, the defacto complainant's son, his friend Mohan and Kannan were sitting near Primary Health centre at Andipatti and talking with each other. At that time, the accused 1 to 4 came there, abused the said Mohan in filthy language and assaulted him by deadly weapons, when the same was prevented by the Saravanapandi, the accused persons assaulted the Saravanapandi by using deadly weapons all over his body and subsequently, he succumbed to the injuries. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are an innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 20.04.2025 and 21.04.2025 respectively nearly 86 and 85 days respectively. Hence, they seek bail. 2/6
4. The learned Government Advocate (Criminal Side) would submit that due to previous enmity, the petitioners along with other accused abused the deceased in filthy language and also attacked him with deadly weapons and caused grievous injuries, due to which, he died. He would further submit that the investigation has already been completed and charge sheet has also been filed before the Judicial Magistrate Court, Vadipatti through e-filing. However, he objected to grant bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the investigation has already been completed and charge sheet has also been filed and also considering the fact that the petitioners/Accused 2 & 3 are in judicial custody from 20.04.2025 and 21.04.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the following conditions:
6. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, 3/6
Vadipatti 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 petitioners shall furnish his residential address and contact number to the learned Judicial Magistrate, Vadipatti. If the petitioners change their residential address, they shall report the same to the learned Judicial Magistrate, Vadipatti; [c] the petitioners shall appear and sign before the respondent police daily i.e., 10.00 a.m., until further orders.
[d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 4/6
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 15/07/2025 / TRUE COPY / 16/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DAS TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI, MADURAI.
2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE SUPERINTENDENT OF PRISON, CENTRAL PRISON, MADURAI.
4 THE INSPECTOR OF POLICE, VADIPATTI POLICE STATION, MADURAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M.PARAMASIVAM Advocate SR.No.7621 (I) DT.15/07/2025 5/6
ORDER
IN CRL OP(MD) No.11939 of 2025 Date :15/07/2025 NM/16.07.2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6