Manikandan v. The State Of Tamil Nadu Rep.By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Manikandan, S/o.Selvam 2.Tamilselvi, W/o.Manikandan ... Petitioners/A1 & A2 Vs The State of Tamil Nadu Rep. by the Inspector of Police, Austinpatti Police Station, Madurai District.
(Crime No.245 of 2025) ... Respondent/Complainant For Petitioners : Mr.R.Srikanth, Advocate For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.245 of 2025 on the file of the Respondent Police.
1/6
ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 329(3), 329(4), 324(4) and 351(2) of BNS, in Crime No.245 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners, who have no right or title over the property of the defacto complainant, unlawfully trespassed into the property and occupied the same and residing there illegally. When the same was questioned by the defacto complainant and her husband, the accused persons abused them using filthy language and removed the fencing and other structures put up by the defacto complainant in the said plots and also criminally intimidate them. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and have not committed any offences as alleged by the prosecution, and they have been falsely implicated in this 2/6
case. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that the defacto complainant is in possession of patta and other revenue documents. According to the petitioners, they have right over the property in question, but the defacto complainant submitted that they have all revenue records and the petitioners are trying to encroach the property. He further submitted that the enquiry is going on. The first petitioner is having three previous cases and the second petitioner has no previous cases. However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the fact that the first petitioner is having three previous cases, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
3/6
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thirumangalam, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:
[a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the first petitioner shall report before the respondent police daily at 10.30 a.m. for a period of one week and thereafter, as and when required; and the second petitioner shall report before the respondent police as and when required;
[c] the petitioners shall not tamper with the evidence or witness either during investigation or trial; 4/6
[d] the petitioners shall not abscond either during investigation or trial;
[e] 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 are 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 [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
07.11.2025 PJL To 1.The Judicial Magistrate, Thirumangalam.
2.The Inspector of Police, Austinpatti Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6
S.SRIMATHY,J PJL
ORDER
IN 07.11.2025 6/6