Mahendran v. State Of Tamilnadu Rep By Inspector Of Police, Thennilai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL 1.Mahendran 2.Arunpandiyan

...Petitioner/A1 and A2

Vs State of Tamil Nadu rep. by The Inspector of Police, Thennilai Police Station, Karur District.

(Crime No.92 of 2025)

...Respondent/Complainant

For Petitioner:Mr.M.Ragul For Respondent:Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 92 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners/A1 & A2, who were arrested and remanded to judicial custody on 07.02.2026 for the offences punishable under Section 309(4) of BNS, 2023, in Crime No.92 of 2025 on the file of the respondent police, seek bail.

2.The case of the prosecution is that on 05.11.2025, at about 09.30 p.m., while the defacto complainant and her daughter were travelling on a two wheeler near Karaipalayam, Tharaipalam, two unknown persons intercepted them, threatened them with a knife and robbed gold jewelry weighing a total 71⁄2 sovereigns. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they were falsely implicated in this case and they are no way connected in the above 2/8

said incident. He would further submit that the petitioners' name is not mentioned in the FIR. The petitioners have been arrested and remanded to judicial custody on 07.02.2026. Hence, he prays to grant bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the investigation is pending and the offences are grave in nature, the first petitioner has 45 previous cases and the second petitioner has 8 previous cases. Hence, he opposed to grant bail to the petitioners.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence and considering the fact that the 3/8

petitioners' name have not been mentioned in the FIR and though the first petitioner has 45 previous cases, most of the cases were already disposed of, in all cases, bail was granted to him and the second petitioner has 8 previous cases, in all cases, bail was granted to him and also considering the period of incarceration undergone by the petitioner from 07.02.2026, this Court is inclined to grant bail to the petitioners subject to the following conditions: [a] Accordingly, the petitioners are 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 District Munsif Cum Judicial Magistrate, Aravakurichi, and on further conditions that:

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[b] the petitioners shall report before the learned District Munsif Cum Judicial Magistrate, Aravakurichi, daily at 10.30 a.m., on all working days, until further orders.

[c] the petitioners 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 petitioners shall not abscond either during investigation or trial;

[e] the petitioners 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 her 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 5/8

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 petitioners 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 BNS.

(P D B J) 15.04.2026 vsg 6/8

To 1.The learned District Munsif Cum Judicial Magistrate, Aravakurichi.

2.The Inspector of Police, Thennilai Police Station, Karur District.

3.The Superintendent, Central Prison, Trichy. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 7321 of 2026 Date : 15.04.2026 8/8