Manukonda Anilkumar v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Manukonda Anilkumar, S/o.Kantharao, : Petitioner/A1 Vs The State of Tamilnadu rep.by the Sub-Inspector of Police, Thiruvattar Police Station, Kanniyakumari City.
(Crime No.285 of 2024) .. Respondent/Complainant For Petitioner : Mr.R.Arjunram, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in connection with the case in S.C.No.320 of 2024 pending on the file of the Additional District and Sessions Judge, Padmanabhapuram.
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ORDER: This Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 23.08.2024 for the offences punishable under Sections 308(2), 311, 331(4) and 332(a) of BNS, in Crime No.285 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 18.07.2024 at about 01.00 am., when the defacto complainant was sleeping in her house, the petitioner and other accused persons entered into the house of the defacto complainant and robbed 78 3⁄4 sovereigns of gold jewels worth about Rs.23,62,500/- and some amount by threatening and attacking the defacto complainant and her father at knife point. Hence, the case.
3.The learned counsel for the petitioner submitted that the petitioner and the defacto complainant are neighbours. The petitioner is an innocent person, he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. 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 investigation has been completed and the co-accused/A2 has already granted bail by this Court in Crl.O.P(MD)No.10446 of 2025, dated 15.07.2025, and the petitioner is in custody from 23.08.2024, nearly one year. Hence, he seeks bail. 2/6
4. The learned Government Advocate (Criminal Side) submitted that there are totally three accused persons involved in this case. The petitioner herein has been arrayed as A1. The petitioner along with other accused persons entered into the defacto complainant's house and robbed 78 3⁄4 sovereigns of gold jewels worth about Rs.23,62,500/- and some amount by threatening and attacking the defacto complainant and her father at knife point. He further submitted that after investigation, charge sheet has been filed and the same was taken on file in S.C.No.320 of 2024 on the file of the Additional District Court, Padmanabhapuram. The properties have been recovered. The petitioner belongs to Andra Pradesh and is having 17 previous cases similar in nature. Hence, He opposed to grant bail to the petitioner.
5. In reply the learned counsel for the petitioner submitted that the petitioner is ready and willing to produce one blood surety and one local surety.
6. Taking into consideration of the facts and circumstances of the case and also considering the fact that the investigation has already been completed and the entire properties have been recovered, charge sheet has been filed and the same was taken 3/6
on file in S.C.No.320 of 2024 on the file of the Additional District Court, Padmanabhapuram, the Co-accused/A2 has already been released on bail and the petitioner/Accused is in judicial custody from 23.08.2024, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:
7.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, out of which, one surety should be a blood surety and one surety should be a local surety, each for a like sum to the satisfaction of learned Additional District and Sessions Court, Padmanabapuram 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 contact number to the learned Additional District and Sessions Court, Padmanabapuram. If the petitioner changes his residential address, he shall report the same to the learned Additional District and Sessions Court, Padmanabapuram; 4/6
[c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m., except on hearing dates. On hearing dates, the petitioner shall appear before the concerned Court 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 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/- 07/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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das TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PADMANABAPURAM.
2 THE SUPERINTENDENT OF PRISON, CENTRAL JAIL, PALAYAMKOTTAI.
3 THE INSPECTOR OF POLICE, THIRUVATTAR POLICE STATION, KANNIYAKUMARI CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13258 of 2025 Date :07/08/2025 AS/08.08.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6