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Madras High Court
Mubarak vs State Rep By on 7 May, 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.05.2026
CORAM
THE HONOURABLE Mr. JUSTICE L.VICTORIA GOWRI
Crl.O.P.No.10721 of 2026
Mubarak ... Petitioner(s)
Vs.
The State rep. by
The Inspector of Police,
Pallikonda Police Station,
Vellore District. ... Respondent(s)
Crime No.246 of 2025
PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.246 of 2025 pending on
the file of the respondent police.
For Petitioner(s) : Mr.Rajkumar
For Respondent(s) : Mr.V.J.Priyadarsana,
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
05.04.2026 for the alleged offences under Sections 109 @ 109 and 49 of the
Bharatiya Nyaya Sanhita, 2023, in Crime No.246 of 2025 on the file of the
respondent police, seek bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that the petitioner intentionally drove the
car towards the respondent police in an attempt to run him over, thereby causing
him to fall down and sustain injuries. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner
is innocent and has been falsely implicated in this case. He would further submit
that the petitioner has been in custody since 05.04.2026 and is ready to abide by
any stringent conditions that may be imposed by this Court. He would further
submit that the petitioner, without prejudice to the defence and contention, is
ready and willing to deposit a sum of Rs.10,000/-, to any welfare scheme of the
Government or any other organization. Hence, he prayed for the grant of bail.
4. The learned Government Advocate (Crl. Side) appearing for the
respondent, while opposing the grant of bail to the petitioner, reiterated the
prosecution case and, on instructions, submitted that no injuries were sustained
by the defacto complainant and that the petitioner has eight previous cases.
5. Heard learned counsel for the petitioner and the learned Government
Advocate (Crl.Side) appearing for the respondent and perused the materials
available on record.
https://www.mhc.tn.gov.in/judis
6. Considering the voluntary submission made by the learned counsel for
the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees
Ten Thousand only) as non-refundable deposit, to the credit of “CANCER
INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Andhra Bank,
Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar
Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFS Code
No.ANDB0001497, Branch Name and Code 1497, MICR No.600011049” without
prejudice to the right of defence before the Trial Court and making it clear that it
would not amount to admission of guilt.
7. Considering the above facts and circumstances, the voluntary
submissions made by the learned counsel for the petitioner and the period of
incarceration undergone by the petitioner, this Court is inclined to enlarge the
petitioners on bail with certain conditions.
8. Accordingly, the petitioner is ordered to be released on bail on their
executing 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 V Judicial
Magistrate, Vellore and subject to the following conditions:
https://www.mhc.tn.gov.in/judis
[a] the sureties shall affix their photographs and Left
Thumb Impression in the Application for Surety ship
[Judicial Form No.46 annexed to 'The Criminal Rules of
Practice, 2019']. The learned Magistrate shall obtain a copy
of any one of the identity proofs to ensure their identity;
[b] the petitioner shall report before the respondent
police everyday at 10.30 a.m. for a period of 30 days and
thereafter as and when required for interrogation;
[c] the petitioner shall not abscond either during
investigation or trial;
[d] the petitioner shall not tamper with the evidence or
witness either during investigation or trial;
[e] on breach of any of the aforementioned conditions,
the learned Magistrate/Trial Court is entitled to take
appropriate action against the petitioners in accordance with
law as if the conditions had been imposed and the petitioner
released on bail by the learned Magistrate/Trial Court itself,
as laid down by the Hon'ble Supreme Court in P.K.Shaji vs.
State of Kerala [(2005)13 SCC 283];
[f] if the petitioner thereafter abscond, a fresh FIR may
be registered under Section 269 of the Bharatiya Nyaya
Sanhita, 2023.
07.05.2026
skr
https://www.mhc.tn.gov.in/judis
Note:
1. Registry is directed to forthwith upload this order in the Official
Website of this Court.
2. All concerned to act on this order being uploaded in Official
Website of this Court without insisting on certified hard copies. To
be noted, this order when uploaded in the official website of this
Court will be watermarked and will also have a QR code.
To
1. The learned V Judicial Magistrate, Vellore
2. The Superintendent,Vellore Central Prison
3. The Inspector of Police, Pallikonda Police Station, Vellore District.e
4. The Public Prosecutor, High Court of Madras
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
skr
07.05.2026
https://www.mhc.tn.gov.in/judis
