Manikandan v. The State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI
1. Manikandan, S/o.Selvaraj
2. Santhiya, W/o.Manikandan
...Petitioners/ Accused Nos.1 & 2
Vs The State of Tamilnadu rep.by The Inspector of Police, Erwadi Dharga Police station, Ramanathapuram District.
(Crime No.85 of 2025) ... Respondent/Complainant For Petitioners : Mr.J.Vivek 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.85 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners / Accused Nos.1 & 2, who were arrested and remanded to judicial custody on 14.06.2025 for the offences punishable under Sections 103, 61(2) 1/5
of BNS in Crime No.85 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the first petitioner is the son of the deceased and the second petitioner is the daughter-in-law of the deceased. The petitioners are loved each other and married against the will of the deceased. Since, there is a property dispute between the first petitioner and his deceased father. In this regard, on 11.06.2025, the defacto-complainant and her husband appeared before the Mediation for settlement of previous case. Thereafter, the defacto-complainant want to see her husband's mother. On the same day, at 7.15p.m. The petitioner came to know from the neighbour that the accused persons attacked her husband and caused grievous injuries. Immediately, the defacto-complainant went to her house and seen her husband body nearby the house with various injuries. The defacto-complainant rushed him to the Hospital, but the doctor declared him as dead. Hence, the case.
3. The learned counsel for the petitioners would submit that there are totally five accused persons, these petitioners were arrayed as Accused Nos.1 & 2. Except these petitioners, all other petitioners were released on bail. The accused Nos.3 and 5 are juveniles. These petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioners/Accused Nos.1 and 2 are in judicial custody from 14.06.2025 2/5
nearly 76 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that there are totally 5 accused persons. These petitioners are arrayed as Accused Nos.1 and 2. There was previous enmity between the accused persons and the defactocomplainant husband, due to which, the accused persons attacked the defactocomplainant's husband and caused grievous injuries and caused to death. In this case, A3 and A5 are juveniles and they were released on bail by the Juvenile Justice Board on 11.07.2025. In this case, A4 was released on bail by this Court in Crl.OP (MD).No.13230 of 2025 dated 14.08.2025. In this case, investigation completed, charge sheet has been filed through e-filing mode. There is no previous case against these petitioners. 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 in this case, A3 and A5 are juveniles and they were released on bail by the Juvenile Justice Board on 11.07.2025, A4 was released on bail by this Court in Crl.OP(MD).No.13230 of 2025 dated 14.08.2025, in this case, investigation completed, charge sheet has been filed through e-filing mode, there is no previous case against these petitioners, the petitioners/accused Nos.1 & 2 are in judicial custody from 14.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the 3/5
following conditions:
6. Accordingly, the petitioners are ordered to be released on bail on executing separate 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 No.2, Ramanathapuram 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 their residential address and contact number to the learned Judicial Magistrate No.2, Ramanathapuram. If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate No.2, Ramanathapuram;
[c] the petitioners shall appear and sign before the respondent police daily at 10.30.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 4/5
law as if the conditions have been imposed and the petitioners 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/- 29/08/2025 / TRUE COPY / 29/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
gvn TO 1 The Judicial Magistrate No.2, Ramanathapuram. 2 Do Through the Chief Judicial Magistrate, Ramanathapuram District. 3 The Superintendent, Central Prison, Madurai. 4 The Inspector of Police, Erwadi Dharga Police Station, Ramanathapuram District. 5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.14346 of 2025 Date :29/08/2025 NBF/SAR- /29/08/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5