Citation : 2026 Latest Caselaw 2032 Mad
Judgement Date : 20 April, 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 20/04/2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP(MD). No.7670 of 2026
Sundarraj ... Petitioner/Accused No.6
Vs
State of Tamilnadu Rep by,
The Inspector of Police,
Tenkarai Police Station,
Theni District.
(Crime No.274 of 2026) ... Respondent/Complainant
PRAYER :-
For bail in Crime No. 274 of 2026 on the file of the respondent
police.
For Petitioner : M.Jegadeesh Pandian
Advocate.
For Respondent : Mr.B.Nambi Selvan,
Additional Public Prosecutor
ORDER :
The Court made the following order :-
The petitioner / Accused, who was arrested and remanded to
https://www.mhc.tn.gov.in/judis judicial custody on 25.03.2026 for the offences punishable under
Sections 191(2), 191(3), 329(4), 296(b), 351(3) of BNS, 2023, and
Section 4 of TNPHW Act, 2002 r/w Section 3 of TNPPDL Act, 2008, in
Crime No.274 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant is a
Doctor and he is running a hospital in the name of 'Ramasamy Hospital',
Periyakulam. On 23.03.2026, at about 09.30 p.m, one Madhan Mohan
was taking treatment in the hospital, the 7 named accused and 20
unnamed accused are said to have trespassed into the hospital and abused
the defacto complainant and staffs in filthy language and threatened them
with dire consequences and caused damage to the hospital medical
articles and other office materials. Hence, this case.
3. The learned counsel appearing for the petitioner would submit
that the petitioner is innocent and he was falsely implicated in this case
and he has not committed any offence as alleged by the prosecution. He
would further submit that the petitioner has no previous case and the
co-accused was released on bail and the petitioner has been arrested and
https://www.mhc.tn.gov.in/judis remanded to judicial custody on 25.03.2026. Therefore, prayed to grant
bail for the petitioner.
4. The learned Additional Public Prosecutor appearing for the
respondent would submit that the offence is grave in nature and the
investigation is still pending and the co-accused was released on bail by
this Court and no previous case is pending against him.
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 there is a dispute between the
parties with regard to giving treatment to the patient and already the
co-accused was released on bail by this Court and no previous case is
pending against the petitioner and considering the period of incarceration
undergone by the petitioner, this Court is inclined to grant bail to the
petitioner subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released
https://www.mhc.tn.gov.in/judis 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 Judicial
Magistrate, Periyakulam, Theni District, and on further
conditions that:
[b] the petitioner shall report before the respondent
police, daily at 10.30 a.m until further orders;
[c] the petitioner shall not commit any offence similar to
the offence of which he/she is accused, or suspected, or of the
commission of which he/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 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 Magistrate/Trial Court is entitled to take
https://www.mhc.tn.gov.in/judis 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 BNS.
(P D B J) 20.04.2026 dss
To
1.The Judicial Magistrate, Periyakulam, Theni District.
2.The Inspector of Police, Tenkarai Police Station, Theni District.
3. The Superintendent, District Prison, Theni.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis P. DHANABAL,J
DSS
ORDER IN
Date : 20/04/2026
https://www.mhc.tn.gov.in/judis
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