Manikandan v. The State of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Manikandan, S/o.Selvam,

..Petitioner/ AccusedNo.1

Vs The State of Tamilnadu rep.by The Inspector of Police, Thirumangalam Police Station, Madurai District. (Crime No.169 of 2025) .. Respondent/Complainant

For Petitioner : Mr.R.Balamuruganantham

Advocate.

For Respondent : Mr.M.Karunanithi

Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.169 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 09.05.2025 for the offences punishable under Sections 296(b), 115(2), 103, 351(3) of BNS in Crime No.169 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 08.05.2025 at about 8.15p.m. while the defacto-complainant at her house, the accused persons visited her house and asked about the repayment of hand loan, the defacto-complainant replied that her husband not available and assured to the accused persons to repay the amount. Thereafter, the accused persons met the defacto-complainant's husband and they asked about the repayment of money and they quarrelled with him, at that time, the defacto-complainant's husband pushed down the second accused, on sudden provocation A1 Manikandan stabbed the defacto-complainant's husband and in the said attack he sustained injuries on the left chest, left stomach and which resulted death of the defacto-complainant's husband. Hence, the case.

¶3The learned counsel for the petitioner would submit that this petitioner did not have any intention or motive to murder the deceased, due to sudden provocation, this petitioner attacked the deceased. 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 09.05.2025, more than 80 days. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that due to money dispute, the accused persons stabbed the defacto-complainant's husband which leads to the death of the deceased. The Accused NO.2 was enlarged on bail by this Hon'ble Court in Crl.O.P.(MD).No.11269 of 2025 dated 10.07.2025. There is no previous case against the petitioner. However, he objected to grant bail to the petitioner.

¶5Taking 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 08.05.2025, by this time investigation might have been completed, the Accused NO.2 was enlarged on bail by this Court in Crl.O.P.(MD).No.11269 of 2025 dated 10.07.2025, there is no previous case against this petitioner, the petitioner/accused No.1 is in judicial custody from 09.05.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

¶6Accordingly, 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, Thirumangalam, Madurai District. 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 the learned Judicial Magistrate, Thirumangalam, Madurai District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Thirumangalam, Madurai District. [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/-

25/07/2025

/ TRUE COPY /

25/07/2025

Sub-Assistant Registrar ( )

Madurai Bench of Madras High Court,

Madurai - 625 023. gvn TO

¶1The Judicial Magistrate, Thirumangalam, Madurai District.

2.Do Through The Chief Judicial Magistrate, Madurai District.

3.The Superintendent, Central Prison, Madurai.

¶4The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.12595 of 2025 Date :25/07/2025 SBN/25.07.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023