Mathanraj v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL CRL.O.P.No.12855 of 2026 Mathanraj ..Petitioner Vs State Rep. by The Inspector of Police, Kariyapattinam Police Station, Nagapattinam District.

..Respondent PRAYER: - The Criminal Original Petition is filed under Section 483 of B.N.S.S., Act, to enlarge the petitioner on bail pending investigation in connection with Crime No.400 of 2025 on the file of the respondent police and thus render justice.

For Petitioner :

Mr.M.Govindaraju For Respondent :

Mr.V.J.Priyadarsana, Government Advocate.

ORDER

The petitioner, who was arrested and remanded to judicial custody on 24.12.2025 for the offences punishable under Sections 296(b), 118(2) and 109(1) of BNS (294(b), 326 and 307 IPC) in Crime No.400 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to a family dispute, the petitioner, who is the husband of the de facto complainant, suspected her fidelity and allegedly assaulted her with a sickle, causing a grievous injury to her right hand, which resulted in the registration of the present case.

3. The learned counsel for the petitioner submitted that the respondent police have registered a false case against the petitioner. The petitioner is under judicial custody since 24.12.2025. He further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that there is no previous case pending against the petitioner. Hence, he vehemently opposed the grant of bail to the petitioner.

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

6. Considering the rival submissions made on either side, the nature of the offenses alleged against the accused, and the fact that the dispute between the husband and wife has since been resolved, and further taking note of the facts that the petitioner is none other than the husband of the de facto complainant, the investigation has been completed, the charge sheet has been

filed and the case is now at the stage of trial, the period of incarceration already undergone by him, and that there are no adverse previous cases against the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 learned Judicial Magistrate, Vedaranyam and on further conditions that:

[b] the petitioner shall report before the Trial Court on all working days at 10.30.a.m., until further orders; [c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;

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

[e] 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

14-05-2026 Index: Yes/No Speaking/Non-speaking order kmm Note:

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 Inspector of Police, Kariyapattinam Police Station, Nagapattinam District.

2. The Judicial Magistrate, Vedaranyam.

3. The Public Prosecutor, High Court, Madras.

4.The Superintendent, Sub Jail, Nagapattinam.

P.DHANABAL, J.

kmm CRL.O.P.No.12855 of 2026 14.05.2026