Ganesan @ Shanmuga Ganesan v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Ganesan @ Shanmuga Ganesan S/o Natarajan, 1/138, Melur Taluk, Thanaiyamangalam, Madurai - 625109 ..Petitioner(s) Vs The State rep. by The Inspector of Police, SIPCOT Police Station, Hosur.
(Crime No.13 of 2006) ..Respondent(s) Prayer:- Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in S.C.No.23 of 2018 on the file of Learned Additional District and Sessions Judge, Hosur and thus render justice For Petitioner(s):
L.Ramanathan For Respondent(s):
Mr.V.J.Priyadarsana Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 16.07.2025 for the offences punishable under sections 449, 302, 392, 392 r/w. 397 and 404 of IPC in Crime No.13 of 2006 in S.C.No.23 of 2018 on the file of
the learned Additional District and Sessions Judge, Hosur, seeks bail.
2. The petitioner was earlier arrested and released on bail. Subsequently, he jumped bail on 24.04.2023, and the Non Bailable Warrant was executed on 16.07.2025. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and is in judicial custody from 16.07.2025. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed to grant bail to the him.
5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.25,000/- to any association. Hence, he prays for grant of anticipatory bail to the petitioner.
6. Heard both sides and perused the materials available on record including the First Information Report.
7. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non-refundable deposit, to the credit of "Account Name : Tamil Nadu Advocate's Clerk's Association, Account No. 484026006, Branch: Indian Bank High Court, IFSC No.IDIB000M157", without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.
8. Further, considering the nature of allegations, the period of incarceration undergone by the petitioner, and the fact that considering the petitioner's daughter marriage is scheduled to be held on 25.05.2026, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
9. Accordingly, the petitioner shall pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as cost to the Tamil Nadu Advocate's Clerk's Association, Chennai and on such payment, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.II, Hosur, and on further conditions that:
[a] the petitioner shall report before the respondent police, everyday at 10.30 a.m., for a period of three months and thereafter as and when required for investigation; [b] the petitioner shall not commit any offences of similar nature.
[c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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)AIR SCW 5560].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
06-05-2026 MPA
Note to Registry:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. 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 1.The Judicial Magistrate No.II, Hosur.
2.The Inspector of Police, SIPCOT Police Station, Hosur.
3.The Superintendent of Prison, Central Prison, Salem.
4.The Public Prosecutor, High Court of Madras.
L.VICTORIA GOWRI, J.
MPA 06-05-2026