Citation : 2026 Latest Caselaw 2053 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.7797 of 2026
1.Suriyapandi
2.Balaji
3.Kasirajan
4.Pandikrishnan
5.Kridshnamoorthy ... Petitioners/Accused No.1to5
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 Petitioners : R.Venkatesan
Advocate.
For Respondent : Mr.B.Nambi Selvan,
Additional Public Prosecutor
ORDER :
The Court made the following order :-
The petitioners/ Accused, who were 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, seek 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 petitioners would submit
that the petitioners are innocent and they were falsely implicated in this
case and they have not committed any offence as alleged by the
prosecution. He would further submit that the petitioners have no
previous case and the co-accused was released on bail and the petitioners
https://www.mhc.tn.gov.in/judis have been arrested and remanded to judicial custody on 25.03.2026.
Therefore, prayed to grant bail for the petitioners.
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 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 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 petitioners and considering the period of
incarceration undergone by the petitioners, this Court is inclined to grant
bail to the petitioners subject to the following conditions:
[a] Accordingly, the petitioners are ordered to be
https://www.mhc.tn.gov.in/judis released on bail on condition to execute a bond for a sum of
Rs.10,000/- (Rupees Ten Thousand only) each with two
sureties each for a like sum to the satisfaction of the Judicial
Magistrate Court, Periyakulam, Theni District, and on
further conditions that:
[b] the petitioners shall report before the respondent
police, daily at 10.30 a.m until further orders;
[c] the petitioners 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 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 Magistrate/Trial Court is entitled to take
https://www.mhc.tn.gov.in/judis 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) 20.04.2026 dss
To
1.The Judicial Magistrate Court, Periyakulam, Theni District.
2.The Inspector of Police, Tenkarai Police Station, Theni District.
3. The Superintendent, Sub Jail, 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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