Mohan v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2025 CORAM :
THE HON'BLE MR. JUSTICE K. RAJASEKAR Mohan ... Petitioner -Vs1.State Rep by, The Inspector of Police, Pallipalayam Police Station, Namakkal District.
(Crime No.0313 of 2025) 2.Special Investigation Team, Rep by Mr.Premanand Sinha I.P.S., Inspector General of Police, South Zone No.I, New Natham Road, Madurai, Bibikulam, Madurai - 625.
(R2 is impleaded as per the order of this Court dated 12.11.2025 in Crl.MP.No.21294 of 2025 in Crl.OP.No.30281 of 2025) ... Respondents Prayer:- Criminal Original Petition filed under Section 483 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in Crime No.0313 of 2025 pending on 1/7
the file of the respondent police.
For Petitioner :
Mr.R.P.Ruban Chakravarthy For Respondent :
Mr.R.Muniyapparaj, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 13.10.2025, for the alleged offence punishable under Section 109, 111, 303(2), 318(4), 336, 340(2), 143, 49 of BNS, 2023 in Crime No.313 of 2025, on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that he is ranked as A2 in this case and that he acted as a broker to engage a donor for donating a kidney to one Arivukkodi. For this purpose, the petitioner is alleged to have joined hands with A1, Anand, and fraudulently created a false relationship certificate to facilitate the transplantation. It is further alleged that one Stanley Mohan impersonated another individual and fabricated an Aadhaar card, and that these fabricated records were submitted to the competent authority to obtain approval 2/7
for the kidney donation. Hence, the complaint.
3. Learned counsel appearing for the petitioner submitted that the petitioner had acted only as a broker and had merely introduced the donor to the donee's family. He has not involved himself in any fabrication of records or impersonation, nor was he aware of the documentation process undertaken by the other accused. Hence, he prayed to grant anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the complaint was originally lodged by the Chief Medical Officer, Pallipalayam Government Hospital, alleging that a kidney transplantation had taken place without following due process and that impersonation and fabrication of records were involved. Based on the said complaint, a case was registered and initially investigated by the first respondent, and subsequently transferred to the second respondent, the Special Investigation Team. During the course of investigation, it has been revealed that, so far, four complaints have been received by the Special Investigation Team for investigation. It is further submitted that a group 3/7
of private individuals is involved in the case, that the petitioner was recently arrested, and that the investigation is at a nascent stage. However, he opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. I have also perused the connected records and the counter filed in this case, which reveal that the petitioner has actively participated in the fabrication of records, fully knowing the complexities involved in the process of kidney transplantation. The petitioner, by joining hands with A1 and other accused persons, is alleged to have fraudulently created a false relationship certificate and facilitated impersonation. Hence, if the petitioner is released on bail at this stage, it is likely to hamper the investigation.
7. Considering the above facts and circumstances of the case, the submissions made by the learned counsel on either side and the investigation is at preliminary stage, this Court is inclined to grant bail to the petitioner. 4/7
8. Accordingly, this Criminal Original Petition is dismissed. 19.11.2025 drl To
1. The Inspector of Police, Pallipalayam Police Station, Namakkal District.
2.Special Investigation Team, Rep by Mr.Premanand Sinha I.P.S., Inspector General of Police, South Zone No.I, New Natham Road, Madurai, Bibikulam, Madurai - 625.
3.The Public Prosecutor, High Court, Madras.
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K. RAJASEKAR, J.
drl 6/7
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