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Madras High CourtCRL OP(MD)/12667/2025allowed

Manokar v. The State Of Tamilnadu Rep.By

2025-07-28Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Manokar, S/o.P.Sasikumar ..Petitioner/ Accused No.2 Vs The State of Tamilnadu rep.by The Inspector of Police, Mathur Police Station, Pudukottai District.

(Crime No.110 of 2025) .. Respondent/Complainant For Petitioner : Mr.P.Ganapathi Subramanian 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.110 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.2 who was arrested and remanded to judicial 1/5

custody on 05.07.2025 for the offences punishable under Sections 296(b) 324(2), 109

(1) of BNS r/w.Sections 25(1A) and 27(1) of Arms Acts, 1959 in Crime No.110 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous motive, on 05.07.2025, this petitioner and other accused persons went to the house of the defacto-complainant, A1 caused had caused damage to the Auto belongs to the defacto-complainant with a long knife, when the defacto-complainant made an attempt to prevent them all the three persons had used filthy language and all the accused persons had also criminally intimidated the defacto-complainant. Hence, the case.

3. The learned counsel for the petitioner would submit that there are totally three accused, this petitioner was arrayed as Accused No.2. The first accused alone had main overtact, there is no specific overtact as against this petitioner. This petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 05.07.2025, more than 23 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that in this case, there are totally three accused persons. Third accused is the Juvenile. Earlier, friend of the first accused namely Balachandar was murdered by the 2/5

defacto-complainant's group. For taking revenge, this occurrence was committed by this petitioner and other accused persons. It is the case of retaliation, there is conflict between the two rival parties. All the accused persons are arrested and they are still in judicial custody. This petitioner is having one previous case, which is similar in nature. Hence, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, FIR was registered on 05.07.2025, by this time most of the investigation might have been completed, the petitioner/accused No.2 is in judicial custody from 05.07.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. 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, Keeranur 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 3/5

the learned Judicial Magistrate, Keeranur. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Keeranur; [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.

[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/- 28/07/2025 / TRUE COPY / 28/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. The Judicial Magistrate, Keeranur.

2. Do Through The Chief Judicial Magistrate, Pudukottai.

3. The Officer In-charge, District Prison, Pudukottai.

4. The Inspector of Police, Mathur Police Station, Pudukottai District.

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

ORDER

IN CRL OP(MD) No.12667 of 2025 Date :28/07/2025 HPS/28.07.2025 /5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5