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2025 DAILYLAW 70829 (MAD)

MANIKANDAN v. The State Rep. by the Inspector of Police,

CRL OP/18578/2025 · 2025-07-01

M Nirmal Kumar

Transfer Petitionbody2025

Judgment text

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CRL OP No. 18578 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2025 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 18578 of 2025 MANIKANDAN Petitioner Vs The State Rep. by the Inspector of Police, sholavaram police station, thiruvallur district. (crime No.296 of 2025) Respondent PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime.No.296 of 2025 on the file of the Inspector of Police, sholavaram police station, thiruvallur district. For Petitioner: Mr.P.Chandrasekar For Respondent: Mr.R.Vinothraja Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 08.05.2025, for the offences punishable under Section 309(4), 311 of BNS, https://www.mhc.tn.gov.in/judis CRL OP No. 18578 of 2025 2023 in connection with Crime No.296 of 2025, registered on the file of the respondent, seeks bail. 2. The case of the prosecution is that on 08.05.2025 at about 10.00 am, when the defacto complainant was walking near Venkateswaran Hospital, the petitioner along with another accused waylaid him and demanded money, when the defacto complainant refused, the petitioner and other accused robbed Rs.800/- from his pocket at knife point and threatened and assault him with hands, and escaped, based on the complaint, FIR was registered, the petitioner was arrested on 08.05.2025. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and he prays for grant of bail to the petitioner. 4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated https://www.mhc.tn.gov.in/judis CRL OP No. 18578 of 2025 the prosecution case and submitted that the petitioner has got 8 previous cases. 5. Heard both sides and perused the materials available on record. 6. Considering the submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate No.II, Ponneri, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation; [c] the petitioner shall make himself available for https://www.mhc.tn.gov.in/judis CRL OP No. 18578 of 2025 interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de-facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 01-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CRL OP No. 18578 of 2025 Note : 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. https://www.mhc.tn.gov.in/judis CRL OP No. 18578 of 2025 To 1.The State Rep. by the Inspector of Police, sholavaram police station, thiruvallur district. (crime No.296 of 2025) 2.The Judicial Magistrate No.II, Ponneri. 3.The Superintendent, Central Prison, Puzhal. 4.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18578 of 2025 M.NIRMAL KUMAR J. gbi CRL OP No. 18578 of 2025 01-07-2025 https://www.mhc.tn.gov.in/judis