Mohan v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
1. Mohan Petitioner(s) Vs
1. The State Rep By, The Inspector of Police R.K.Pet Police Station, Tiruvallur District.
Crime No.718 of 2018.
Respondent(s) PRAYER To enlarge the petitioner on bail pending trial in connection with SC.No.51 of 2021 on the file of the I Additional District and Session Judge Tiruvallur. For Petitioner(s):
Mr. A. Tamilselvan For Respondent(s):
Mr.Vinoth Kumar, Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 17.06.2025, seeking bail in Crime No.718 of 2018 registered for the offences under Section 302 of IPC.
2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in S.C. No.51 of 2021 on the file of the I Additional District
and Sessions Court, Tiruvallur District. He further submitted that due to the ill health of the petitioner, he was unable to appear before the trial Court, and he was issued with the non-bailable warrant on 28.02.2025 and pursuant to the same, he was arrested on 17.06.2025. He also submitted that the petitioner will undertake that hereafter he will regularly appear before the trial court on all hearing dates and also stated that he is prepared to comply with any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioner.
3. Learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case.
4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.
5. Considering the rival submissions made on either side, considering the fact that the petitioner was already enlarged on bail and thereafter, due to issuance of non bailable warrant on 28.02.2025 and the same was executed on 17.06.2025 and the long period of incarceration suffered by the petitioner, I am 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 I Additional District and Sessions Court, Tiruvallur and on further conditions that:
[b] the petitioner shall report before the learned I Additional District and Sessions Court, Tiruvallur 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 him 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.
26-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab 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 official website of this Court will be watermarked and will also have a QR code.
To 1.The State Rep By, The Inspector of Police R.K.Pet Police Station, Tiruvallur District. Crime No.718 of 2018
2. The Public Prosecutor, Madras High Court, Chennai.
3. The I Additional District and Sessions Court, Tiruvallur.
4. Central Prison, Puzhal - II, Chennai.
P.DHANABAL J.
ab CRL OP No. 35933 of 26-12-2025