Manojkumar vs The State Rep By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 23.07.2026 for the alleged offence under Sections 329, 304 @ 329, 61(2) and 310(2) of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.193 of 2026, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner, along with the co-accused, allegedly trespassed into the house of the de facto complainant, broke open the bureau, and committed theft of Rs.45,000/- and two mobile phones. It is further alleged that they threatened the de facto complainant and his family members at knifepoint before fleeing the scene. Hence, the complaint.

The learned counsel appearing for the petitioner submitted that due to a money dispute between the defacto complainant and the petitioner, a false case has been foisted against the petitioner and that he has not committed any offence as alleged by the prosecution. It was further submitted that the co-accused/A1 and A6 were already granted bail in Crl.M.P.Nos.1875 & 1885 of 2026 dated 31.08.2026 before the Principal Sessions Court, Tiruppur. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought bail for the petitioner.

The learned Government Advocate (Criminal side) appearing for the respondent Police, reiterated the case of the prosecution, and on instructions, submitted that the petitioner, along with the other accused, trespassed into the defacto complainant’s house and committed dacoity of Rs.45,000/- and mobile phones. It was further submitted that although the co-accused were granted bail by the Trial Court, accused A5 is still absconding and the stolen properties have not been fully recovered. He also submitted that the petitioner was arrayed as A6, has four previous cases pending against him, and the investigation is underway. Hence, he strongly opposed the grant of bail to the petitioner.

Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); and also considering the period of incarceration of the petitioner since 23.07.2026, this Court is of the firm view that further incarceration of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate, No.2, Udumalpet, 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 daily at 10:30 A.M., until further orders;

[c] the petitioner shall not abscond either during the investigation or during the trial;

[d] the petitioner shall not tamper with the evidence or witness either during the investigation or during the trial;

[e] 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 is 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];

[f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

23-09-2026 KLT Note:

Registry is directed to forthwith upload this order in the Official Website of this Court.

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.

To

The Judicial Magistrate No.2, Udumalpet.

The Superintendent of Police, Central Prison, Coimbatore.

The Inspector of Police, Dhali Police Station, Tiruppur.

The Public Prosecutor, High Court of Madras.

N.Ramesh, J.

KLT 23-09-2026