Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 55330 (MAD)

MAHENDRAN @ MAKENDHIREN v. The State of Tamilnadu

CRL OP(MD)/14392/2026 · 2026-07-22

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.14392 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.07.2026 PRESENT THE HONOURABLE MR.JUSTICE K. RAJASEKAR CRL OP(MD)No.14392 of 2026 1.Mahendran @ Makendhiren 2.Mano @ Kakum Velmurugan 3.Anthony @ Mathialagan 4.Sudalaimani ... Petitioners / Accused Versus The State of Tamil Nadu rep by The Inspector of Police, Elayirampannai Police Station, Virudhunagar District. (Crime No.140 of 2026) ... Respondent/Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioners on bail in the event of arrest in Crime No.140 of 2026 on the file of the respondent police, or on their appearance. For Petitioners : Mr.R.Jagadeeshwaran For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Criminal Side) 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14392 of 2026 ORDER : The Court made the following order :- The petitioners, who apprehend arrest in connection with Crime No.140 of 2026 on the file of the respondent police, registered for the offences punishable under Sections 191(2), 296(b) and 118(2) of the Bharatiya Nyaya Sanhita, 2023 altered into Sections 115(2), 118(1), 191(2), 191(3), 296(b) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, seek the relief of anticipatory bail. 2. The case of the prosecution is that, on 07.07.2026 at about 7.00 p.m., owing to previous enmity between the parties, a quarrel ensued, during which the accused abused the defacto complainant and his son in filthy language, assaulted them causing injuries, and criminally intimidated them with dire consequences. Hence, the respondent police registered the present case against the accused. 3. The learned counsel appearing for the petitioners submitted that the present case has been falsely foisted against the petitioners. He further submitted that the petitioners are ready and willing to cooperate with the investigation and abide by any condition that may be imposed 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14392 of 2026 by this Court. Hence, the learned counsel prayed for the grant of anticipatory bail. 4. Per contra, the learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that the injured has already been discharged from the hospital. He further submitted that there are no previous cases against the petitioners. If the petitioners are granted anticipatory bail, there is every likelihood that they may threaten or intimidate the defacto complainant and his family members. Hence, he opposed the grant of anticipatory bail. 5. This Court has carefully considered the rival submissions and perused the materials available on record. 6. Considering the nature of the allegations, the fact that the injured has already been discharged from the hospital and also taking into account the fact that the petitioners have no previous criminal antecedents, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14392 of 2026 7. Accordingly, the petitioners are ordered to be 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.I, Sattur, Virudhunagar District, 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: (a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks, and thereafter as and when required for the interrogation; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond either during investigation or trial; 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14392 of 2026 (e) on breach of any of the aforesaid conditions, the learned 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 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]; and (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 22.07.2026 pal To 1.The Judicial Magistrate No.I, Sattur, Virudhunagar District. 2.The Inspector of Police, Elayirampannai 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.14392 of 2026 K. RAJASEKAR ,J. pal ORDER IN CRL OP(MD) No.14392 of 2026 Date : 22.07.2026 6/6 https://www.mhc.tn.gov.in/judis