Mohanraj v. The State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI

1. Mohanraj

2. Devarajan

3. Mohammed Nowfal ..Petitioner(s) Vs The State Rep. by Inspector of Police Karipatty Police station, Salem District.

(Crime No. 104/2026) ..Respondent(s) Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, pleased to enlarge the Petitioners on bail on the event of arrest in Crime No.104 of 2026 on the file of the Respondent Police and thus render justice. For Petitioner(s):

Mr.C.Deepakkumar For Respondent(s):

Mr.A.Gopinath Government Advocate (Criminal side)

ORDER

The petitioners, apprehend arrest for the alleged offences under Sections 296 (b), 118 (1), 351 (3) of BNS, 2023, in Crime No.104 of 2026, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the due to previous enmity the petitioners abused the defacto-complainant and attacked using wooden log. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent and they have not committed any such offence as alleged by the prosecution. He would also submit that they have been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that injured discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to deposit a sum of Rs.3,000/- (Rupees Three Thousand only) each (Non refundable) towards the account of CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Name and

Code 1497, MICR No.600011049 and to produce the Bank Challan before the concerned Magistrate and the receipt shall be produced at the time of executing the bond;

7. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, this Court is of the firm view that custodial interrogation of the petitioners are not necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

8. Accordingly, 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Vazhapadi, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

L.VICTORIA GOWRI, J.

[b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for further interrogation; [c] the petitioners shall not abscond either during investigation or trial;

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

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

07-05-2026 ep 1.The Judicial Magistrate, Vazhapadi.

2.Inspector of Police Karipatty Police station, Salem District.

3.The Public Prosecutor High Court of Madras.