Manikandan Vs State Represented by Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on bail in the event of arrest in the Crime No.36 of 2026 on the file of the respondent police.

¶17

For Petitioner(s): Mr.G. Paramasivam For Respondent(s): M/s.R.S.Indira, Government Advocate (Crl.Side)

¶18

Page1 of 6

¶19

https://www.mhc.tn.gov.in/judis

¶20

CRL OP No. 14302 of 2026

¶21

ORDER

¶22

The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS, 2023 in Crime No. 36 of 2026, on the file of the respondent Police, seek anticipatory bail.

¶23

The allegation against the petitioners is that on 07.04.2026 at about 5.00 p.m., when the defacto complainant went to the Desur Police Station for enquiry, the petitioners allegedly abused him in obscene language, assaulted him and threatened him with dire consequences. Hence, the present FIR has been registered against the petitioners.

¶24

The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that A5 is the wife of A1 and A4 is the sister of A1’s wife. He further submitted that they are ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

¶25

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions,

¶26

Page2 of 6

¶27

https://www.mhc.tn.gov.in/judis

¶28

CRL OP No. 14302 of 2026

¶29

submitted that there are totally five accused in this case and the petitioners herein are A1, A4 and A5. He further submitted that the alleged occurrence took place in front of the police station and that no one sustained any injury. Hence, he opposed to grant anticipatory bail to the petitioners.

¶30

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

¶31

6. From the submissions made by the learned counsel on either side, it is seen that the alleged occurrence took place on 07.04.2026, in front of the police station, and that no one sustained any injury. Considering the factual position and the fact that the FIR was registered on 07.04.2026, this Court is of the view that, at this length of time, the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.

¶32

Accordingly, the petitioners are ordered to be released on 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 is made ready, before the learned Judicial Magistrate, Vandavasi, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only),

¶33

Page3 of 6

¶34

https://www.mhc.tn.gov.in/judis

¶35

CRL OP No. 14302 of 2026

¶36

with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

¶37

(a) If the petitioners fails to surrender before the concerned learned 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;

¶38

(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;

¶39

(c) The first petitioner shall report before the respondent police daily at 10.30 a.m, for a period of two weeks and the second and third petitioners, being ladies, shall report before the respondent police as and when required for interrogation;

¶40

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];.

¶41

(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

¶42

08-06-2026

¶43

__________ Page4 of 6

¶44

https://www.mhc.tn.gov.in/judis

¶45

CRL OP No. 14302 of 2026

¶46

DRL