Madras High Court
Mohan vs State Rep. By Inspector Of Police on 20 May, 2026
CRL OP No. 12398 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP No. 12398 of 2026
Mohan
S/o. Kuppan,
Polipakkam Village,
Sholinghur Taluk,
Ranipet District.
..Petitioner(s)/Accused 4
Vs
State Rep. by
Inspector of Police
Sholinghur Police Station,
Ranipet District.
Crime No. 187/2024.
..Respondent/Complainant
PRAYER : Criminal Original Petition filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner on
Bail in SC. No. 127 of 2025 on the file of the II Additional District and Sessions
Judge, Arakonam.
For Petitioner(s): Mr.B.Madeswaran
for Mr.G.P.Sivakumar
For Respondent(s): Mr.L.Baskaran,
Government Advocate (Crl.Side)
ORDER :
This Criminal Original Petition has been filed by the petitioner on
11.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS),
2023, praying to grant bail.
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CRL OP No. 12398 of 2026
2. The petitioner/A4 was arrested and released on bail for the alleged
offences punishable under Section 147, 148, 296(b), 323, 302, 114 and 119 of
IPC, in Crime No.187 of 2024 on the file of the respondent-police.
3. Mr.B.Madeswaran, learned counsel for the petitioner, submits that the
petitioner/A4 is facing trial in S.C.No.127 of 2025 on the file of the II
Additional District and Sessions Judge, Arakonam,. He further submits that the
petitioner was regularly appearing before the trial Court on all hearing dates,
until the petitioner came down with fever and got hospitalized. Hence,
consequently, he was unable to appear before the trial Court, and a non-bailable
warrant was issued against him on 23.02.2026 and pursuant to the same, he was
arrested on 27.03.2026. He also submitted that the petitioner undertakes to
appear before the trial Court on all hearing dates without fail and will cooperate
for the speedy conduct of the trial. Therefore, he prays for the grant of bail to
the petitioner.
4. Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal
Side) appearing for the respondent-police submits that the petitioner was earlier
arrested and released on bail and thereafter, he had not appeared before the Trial
Court on 23.02.2026 and hence, Non Bailable Warrant was issued and executed
on 27.03.2026. He would further submit that there are five previous cases
against the petitioner. He opposes the grant of bail and accordingly, he prays to
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CRL OP No. 12398 of 2026
dismiss the petition.
5. Heard on both sides. This Court has perused all the materials available
on record.
6. The petitioner was arrested on 27.03.2026. Considering the same and
taking note of the facts and cumulative circumstances of the case, the offences
alleged against the petitioner, and the fact that the Non-Bailable Warrant was
issued and executed on 27.03.2026 and the case is posted for trial before the
trial Court and also the period of incarceration undergone by the petitioner, this
Court is of the view that further custody of the petitioner is not necessary in this
case. Hence, this Court is inclined to grant bail to the petitioner, subject to the
following conditions:
(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty
Five Thousand only) along with two sureties each for a like sum of Rs.25,000/-
(Rupees Twenty Five Thousand Only) to the satisfaction of the Judicial
Magistrate, Sholinghur.
(ii) The sureties shall affix their photographs and left thumb impression in
the Application for Suretyship [Judicial Form No.46 annexed to ‘The Criminal
Rules of Practice, 2019’]. The learned Judicial Magistrate, Sholinghur, shall
obtain a copy of any one of their identity proofs to ensure their identity.
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CRL OP No. 12398 of 2026
(iii) The petitioner shall report before the learned II Additional
District and Sessions Judge, Arakonam, on all working days at 10.30 a.m.,
until further orders.
(iv) The petitioner shall furnish his residential address and mobile
numbers to the learned aforesaid II Additional District and Sessions Judge,
Arakonam.
(v) The petitioner shall attend in accordance with the conditions of the
bond to be executed under Chapter XXXV of BNS, 2023.
(vi) The petitioner shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is suspected.
(vii) The petitioner shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade them from disclosing such facts to the Court or to any police officer or
tamper with the evidence.
(viii) The petitioner shall also not directly or indirectly, cause any threat
to the defacto complainant, victims, and witnesses.
(ix) The petitioner shall not enter into the defacto complainant’s house or
his work place.
(x) The petitioner shall not try to contact the defacto complainant,
victims, and witnesses either directly or through any electronic mode.
(xi) On breach of any of the aforementioned conditions, the Judicial
Magistrate, Sholinghur, or Trial Court is entitled to pass appropriate orders
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CRL OP No. 12398 of 2026
against the petitioner in accordance with law as if the aforementioned
conditions are imposed by them as laid down by the Hon’ble Supreme Court in
P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
7. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
20-05-2026
ssa
Note:
1. Registry is directed to forthwith upload
this order on the Official Website of this
Court.
2. All concerned to act on this order being
uploaded on Official Website of this Court
without insisting on certified hard copies. To
be noted, this order, when uploaded on the
official website of this Court, will be
watermarked and will also have a QR code.
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CRL OP No. 12398 of 2026
R.SAKTHIVEL, J.
ssa
To
1.The II Additional District and Sessions Judge, Arakonam.
2.The Judicial Magistrate, Sholinghur.
3.The Superintendent of Prisons,
Central Jail, Salem.
4.The Inspector of Police
Sholinghur Police Station,
Ranipet District.
5.The Public Prosecutor,
High Court of Madras.
Order made in
CRL OP No. 12398 of 2026
20-05-2026
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