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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.29695 of 2025 M. Mohan ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, T-5 Thiruverkadu Police Station, Chennai - 600 077.

(Crime No.522 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.522 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. R. Mohandoss For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.08.2025 for the offences punishable under Section 103(1) of BNS in Crime No.522 of 2025, registered on the file respondent police, seeks bail. 2.

The allegation against this petitioner is that, he had an illicit relationship with the wife of the deceased in this case and this petitioner conspired with other accused and attacked the deceased using knife and murdered him. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case purely on suspicion and he is in judicial custody since 03.08.2025; that on account of money dispute between other accused and the deceased, the other accused had committed murder of the deceased; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the 2/6

respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that there are totally four accused involved in this case and the petitioner is arrayed as A3; that on the instigation of the petitioner herein, the other accused/ A1 and A2 murdered the deceased and they were already under detention under Tamil Nadu Act 14 of 1982; that the petitioner has no previous antecedents; and that the investigation of this case completed, final report has been filed and pending in PRC.No.32 of 2025. 5.

Considering the facts and circumstances of the case, the petitioner has no previous antecedents, the fact that the investigation of this case completed and final report filed and taking note of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

6.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Poonamallee and on further conditions that:

[a] the sureties shall affix their photographs and Left 3/6

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 stay at Trichy and report before the learned Judicial Magistrate-I, Trichy daily at 10:30 a.m., until further orders;

[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.

31.10.2025 stn 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.

To

1. The Judicial Magistrate No.II, Poonamallee.

2. The Judicial Magistrate-I, Trichy.

3. The Inspector of Police, T-5 Thiruverkadu Police Station, Chennai - 600 077.

(Crime No.522 of 2025)

4. The Superintendent, Central Prison-II at Puzhal.

5. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

stn Crl.O.P. No.29695 of 2025 31.10.2025 6/6