Manikandan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/10/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD).No.17159 of 2025 Manikandan, S/o.Sudalai, .. Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Meignanapuram Police Station, Thoothukudi District.

(Crime No.119 of 2025) .. Respondent/Complainant For Petitioner :Mr.R.Ponkarthikeyan Advocate For Respondent : M/s.M.Aasha Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.119 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 3(5), 296(b), 118(1) and 109 of BNS in Crime No.119 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to civil dispute, the accused persons are said to have attacked the defacto-complainant with Aruval and caused injury to his hands. Hence, the case.

3. The learned counsel for the petitioner would submit that the respondent police lodged a false case against this petitioner. There are totally five accused persons. This petitioner was arrayed as Accused No.2. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The 2/8

petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the accused persons brutally attacked the defacto-complainant. He sustained injury and admitted in hospital on 04.10.2025 and discharged from hospital on 08.10.2025. The specific overtact against this petitioner is that he attacked the defactocomplainant. There is one previous case is pending against this petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.

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5. Considering the facts and circumstances of the case, there is civil dispute pending between he parties, the injured person discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sattankulam on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Sattankulam and on further conditions that:

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(a) the petitioner and 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 Judicial Magistrate, Sattankulam. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Sattankulam;

(c) the petitioner shall appear and sign before the respondent police daily at 10.30a.m. for the period of four weeks and thereafter as and when required for interrogation;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(e) the petitioner shall not abscond 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]; and;

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

(S S Y J) 09.10.2025 gvn 6/8

TO

1. The Judicial Magistrate, Sattankulam.

2. The Inspector of Police, Meignanapuram Police Station, Thoothukudi District.

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

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S.SRIMATHY,J gvn

ORDER

IN CRL OP(MD) No.17159 of 2025 Dated : 09/10/2025 8/8