← Library
Madras High CourtCRL OP/20727/2025granted

Mohan v. State Rep By, The Inspector Of Police,

2025-09-09Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. MOHAN S/o.Ranganathan, No.1/66, Reddy Street, Thookanampakkam Village and Post, Cuddalore Taluk.

2. JAYASHRI W/o. Mohan, No.1/66, Reddy Street, Thookanampakkam Village and Post, Cucidalore Taluk.

Petitioner(s) Vs

1. State Rep by, The Inspector of Police, Thookanampakkam Police Station.

Cuddalore.

Respondent(s)

PRAYER To enlarge the petitioners herein on bail in the event of their arrest in Cr.No.65/2025 on the file of the respondent police. For Petitioner(s):

D Baskar E.Ashok Kumar K.B.Rohith J.Pooja For Respondent(s):

Mr. S. Udayakumar Government Advocate crl. side

ORDER

This petition has been filed to enlarge the petitioners herein on bail in the event of their arrest in Cr.No.65/2025 on the file of the respondent police.

2. The case of the prosecution is that the petitioners have entered into the defacto complainant's house and damaged the EB connection and committed theft. Hence, the FIR registered under Section 332(C) and 305 BNS.

3. The learned counsel for the petitioner submits that already there was civil dispute between parties but falsely filed the present case. Hence, he prays to grant bail to the petitioners.

4. The learned Government Advocate admits that there was a civil dispute between the parties and counter case.

5. Considering the fact that already there was a civil dispute between the parties. Hence, this Court is inclined to grant bail to the petitioners with conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.I, Cuddalore, on condition that the petitioner shall 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 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 petitioners and 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. [b] the petitioners are directed to report before the respondent police as and when required for interrogation. [c] the petitioner shall not tamper with evidence or

witness either during investigation or trial. [d] the petitioner shall not abscond 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 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 BNS.

09-09-2025 Pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Judicial Magistrate No.I, Cuddalor

2. The Inspector of Police, Thookanampakkam Police Station.

Cuddalore.

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.

T.V.THAMILSELVI J.

CRL OP No. 20727 of 09-09-2025