Manikandan @ Subramanian v. State Of Tamilnadu Rep By Inspector Of Police, Kallidaikurichi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.11.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY 1.Manikandan @ Subramanian 2.Marimuthu @ Malik ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

... Respondent/Complainant (Crime No.439 of 2025) For Petitioners : Mr.R.Muthuram, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.439 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 329(4), 351(3) and 49 BNS and Section 3 of TNPPDL Act and Section 4 of TNPHW Act in Crime No.439 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner along with other accused persons trespassed into the house of the defacto complainant and abused him by using filthy language and threatened her with dire consequences and damaged the articles, worth about Rs.500/-. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and that they are in no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seek anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the 2/6

respondent-Police would submit that the co-accused have already been arrested and released on bail. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court, Ambasamudram, Tirunelveli District, on condition that each of 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 the police officer who intends to arrest or to the satisfaction of the Judicial Magistrate Court, Ambasamudram, Tirunelveli District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: 3/6

(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 Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall report before the respondent Police as and when required for interrogation; (c) the petitioners jointly are directed to deposit a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of Crime No.439 of 2025 before the concerned Court. On such deposit, the learned Judicial Magistrate shall accept the sureties furnished by the petitioners. After receipt of entire amount, the learned Judicial Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any Nationalized Bank until the final order / judgment is passed in the case in the said crime number. The learned Judicial Magistrate or trial Court shall pass orders regarding entitlement of the said amount in its final order / judgment. (d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners shall not abscond either during 4/6

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 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] and;

(g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 28.11.2025 TSG To 1.The Judicial Magistrate, Ambasamudram, Tirunelveli District.

2.The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

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

S.SRIMATHY, J.

5/6

TSG

ORDER

IN CRL OP(MD) No.21773 of 2025 Date : 28.11.2025 6/6