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2026 DAILYLAW 55152 (MAD)

MOHAN v. State Of Tamilnadu Rep By Inspector Of Police, M.Pudupatti

CRL OP(MD)/14064/2026 · 2026-07-13

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.14064 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.14064 of 2026 1. Mohan 2. Thirumurugan 3. Gobinath 4. Vanaraja 5. Arunkumar ... Petitioners/Accused Rank Not Known Vs State of Tamilnadu Rep by, The Inspector of Police, M.Pudupatti Police Station, Virudhunagar District. Crime No. 128 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No. 128 of 2026 on the file of the Respondent Police. For Petitioners : M.Jegadeesh Pandian, Advocate. For Respondent : Mr.J.Vishnu, 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14064 of 2026 Government Advocate (Crl.Side) ORDER The petitioners apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(1) and 351(3) of BNS Act, 2023, in Crime No.128 of 2026, on the file of the respondent police seek anticipatory bail. 2. The allegation against the petitioners is that the petitioners during the funeral ceremony joined hands with the other accused attacked 3 persons including one disabled person. Hence, the case has been registered. 3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that already counter case has been registered in Crime No.130 of 2026 and the injured was discharged from the hospital. Hence, he prayed to grant anticipatory bail to the petitioners. 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14064 of 2026 4. The learned Counsel For State of TN (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions, submitted that the investigation is at preliminary stage. He would further submitted that the first petitioner has 1 previous case and the fifth petitioner has 4 previous cases and the petitioners 2 to 4 have no previous case and counter case has also been registered in Crime No.130 of 2026 and the injured was discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners. 5. I have gone through the FIR and also the connected materials. 6.Considering the nature of allegations against the petitioners, and also considering the fact that though the petitioners 1 & 5 have some previous cases, since counter case has also been registered against the defacto complainant in Crime No.130 of 2026 and the injured was discharged from the hospital and the petitioners 2 to 4 have no previous antecedent, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions. [a] Accordingly, the petitioners are ordered to be 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14064 of 2026 released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Sivakasi, on condition that the petitioners shall execute a bond for a sum of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that: [b] the petitioners shall report before the respondent police, daily at 10.30 a.m. for a period of three weeks, and thereafter as and when required for the interrogation. [c] the petitioners shall not commit any offences of similar nature. [d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14064 of 2026 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 B.N.S. 13.07.2026 dss To 1.The Judicial Magistrate No.II, Sivakasi. 2.The Inspector of Police, M.Pudupatti Police Station, Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14064 of 2026 K. RAJASEKAR,J DSS ORDER IN CRL OP(MD) No.14064 of 2026 Date : 13/07/2026 6/6 https://www.mhc.tn.gov.in/judis