Manickam Alias Kozhanthagoundar v. State Rep by Inspector of Police

ORDER The petitioners apprehend arrest for the alleged offences under Sections 147, 448, 379 & 506(2) of IPC in Crime No.93 of 2022 on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that the defacto complainant had purchased two rig vehicles from the accused persons. After sale of two rig vehicles to the defacto complainant, the accused persons again took away the same. Hence the complaint.

¶3The learned counsel for the petitioner submitted that the defacto complainant and A2 were business partners and due to misunderstanding between them, present complaint has been registered. He further submitted that a false case has been foisted against the petitioners and that they have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioners.

¶4Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioners Page3 of 6

¶5I have given my anxious consideration to either side submissions.

¶6Considering factual position and also considering the fact that first petitioner is a disabled person and also the fact that the occurrence took place on 02.01.2022, at this length of time, this Court is of the firm view that, custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.

¶7Accordingly, 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 No.I, Sankari on condition that each of the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a)If the petitioners fail 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;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety slip (Judicial Form Page4 of 6 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 petitioners shall report before the respondent 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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];

(e) If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 09-07-2026 Index: Yes/No Speaking/Non-speaking order MFA Page5 of 6 To

¶1The Judicial Magistrate No.I, Sankari

¶2The Inspector of Police Sankari Police Station, Salem.

¶3The Public Prosecutor, High Court, Chennai. CRLoOPoNo.o17734oofo2026 C.KUMARAPPAN,oJ. MFA CRLoOPoNo.o17734oofo2026 09-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Manickam alias Kozhanthagoundar S/o. Kozhantha Gounder, No.164, Odakadu, Kosavampalayam, Mandagapalayam,Tiruchengode, Namakkal District. 2. Mohan alias Manickam S/o. Kozhantha Gounder, No.164, Odakadu, Kosavampalayam, Mandagapalayam, Tiruchengode, Namakkal District. ..Petitioner(s) Vs State Rep by The Inspector of Police Sankari Police Station, Salem. Crime NO.93 of 2022 ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in the event of arrest in the Crime NO.93 of 2022 on the file of the respondent police and pass such further other order or orders, as this Honorable court. For Petitioner(s): Mr.G.Paramasivam For Respondent(s): Mr.N.Palanivel Government Advocate (Crl.Side) Page2 of 6