Mohan vs State Rep. By Inspector Of Police on 20 May, 2026

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    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),

    SPONSORED

    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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