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2026 DAILYLAW 49671 (MAD)

Manikandan v. State rep. by, The Inspector of Police,

CRL OP/17792/2026 · 2026-07-09

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.17792 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.17792 of 2026 1.Manikandan 2.Pugalenthiran 3.Chittesh ... Petitioners Vs. The State rep by its The Inspector of Police, Annur Police Station, Coimbatore District. (Crime No.274 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.274 of 2026 pending investigation on the file of the respondent police. For Petitioners : Mr.C.Vigneshwaran For Respondent : Ms.R.S.Indira Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17792 of 2026 ORDER The petitioners, who apprehend arrest for the alleged offence under Section 303(2) of BNS Act, 2023, in Crime No.274 of 2026 on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that the accused persons have stolen 4 pigs of the defacto complainant. Hence, the case. 3. The learned counsel for the petitioners submitted that the petitioners are innocent and have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He further submitted that the petitioners are not named in the FIR, however, they are ready to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the pigs have not been recovered so far and the first petitioner has six previous cases and the other petitioners have no previous case. However, he opposed the grant of anticipatory bail to the petitioners. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17792 of 2026 5. Considering the past antecedents of the first petitioner, this Court is not inclined to grant anticipatory bail to the first petitioner. Accordingly, this Criminal Original Petition is dismissed insofar as the first petitioner is concerned. 6. Insofar petitioners 2 and 3 are concerned, taking into consideration the totality of the circumstances and the fact that the petitioner Nos.2 and 3 have no previous case, this Court is of the firm view that the custodial interrogation of the petitioner Nos.2 and 3 is not required. Hence, this Court is inclined to enlarge the petitioner Nos.2 and 3 on anticipatory bail, subject to certain conditions. 7. Accordingly, the petitioner Nos.2 and 3 are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Annur, on condition that the petitioner Nos.2 and 3 shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17792 of 2026 (a) If the petitioner Nos.2 and 3 fail to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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 identify proofs to ensure their identity; (c) The petitioner Nos.2 and 3 shall report before the respondent police daily at 10.30 a.m. for a period of 15 days, and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner Nos.2 and 3 in accordance with law as if the conditions have been imposed and the petitioner Nos.2 and 3 released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17792 of 2026 (e) If the petitioner Nos.2 and 3 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 09.07.2026 ssb To 1.The Judicial Magistrate, Annur. 2.The Inspector of Police, Annur Police Station, Coimbatore District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17792 of 2026 C.KUMARAPPAN, J. ssb Crl.O.P.No.17792 of 2026 09.07.2026 6/6 https://www.mhc.tn.gov.in/judis