Mohan v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10.2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.28023 of 2025
1. Mohan
2. Gopi
3. Saminathan ... Petitioners/ A1 to A3 Vs The State rep. by, The Inspector of Police, Sholinghur Police Station, Ranipet District.
(Crime No.255 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioners/accused in Crime No.255 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. P. Muthamizhselvakumar For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioners, who were arrested and remanded to judicial custody on 21.07.2025, for the offences punishable under Sections 310(4) of BNS r/w Section 25(1)(a) of Arms Act in Crime No.255 of 2025, registered on the file of the respondent police, seek bail. This is the third bail application. The earlier bail applications of the petitioners was dismissed by this Court, vide order dated 03.09.2025 in Crl.O.P.No.24222 of 2025 & 23.09.2025 in Crl.O.P.No.26058 of 2025 respectively on the ground that the petitioners are having previous antecedents.
2.
The case of the prosecution is that based on a secret information, the respondent police went to the spot and found that the petitioners were in possession of dangerous weapons and were preparing to commit dacoity. Hence, this case.
3.
The learned counsel appearing for the petitioners submitted that the petitioners were falsely implicated in this case, only to harass them and the petitioners are ready to abide by any conditions that may be 2/6
imposed by this Court and sought for bail to the petitioners. 4.
The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioners, reiterated the prosecution case and states that the first petitioner has 5 previous cases, the second petitioner has 13 previous cases and the third petitioner has 7 previous cases.
5.This Court had gone through the FIR and it is the case of preparation to commit dacoity and the petitioners were in custody from 21.07.2025.
6. Considering the facts and circumstances of the case and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions. 7.
Accordingly, the petitioners are ordered to be released on bail on his executing a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Sholinghur and on further 3/6
conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the Court concerned everyday at 10:30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;
[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 14.10.2025 gbi 4/6
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.
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K. RAJASEKAR, J.
gbi To
1. The Inspector of Police, Sholinghur Police Station, Ranipet District.
(Crime No.255 of 2025)
2. The Public Prosecutor, High Court of Madras.
3. The Judicial Magistrate Court, Sholinghur. 4.The Central Prison, Vellore Crl.O.P. No.28023 of 2025 14.10.2025 6/6