[Cites 1, Cited by 0]
Madras High Court
Mukesh vs State Rep. By Inspector Of Police on 14 May, 2026
CRL OP No. 12551 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
CRL OP No. 12551 of 2026
Mukesh
..Petitioner(s)
Vs
State Rep. by Inspector of Police
Velippalayam Police Station,
Nagapattinam District.
Crime No. 106 of 2026.
..Respondent(s)
To enlarge the petitioner on bail in the pending investigation in Crime
No. 106 of 2026 on the file of the Inspector of Police, Velippalayam Police
Station, Nagapattinam District and thus render justice.
For Petitioner(s): Mr.U.Kathiravan
For Respondent(s): Mr.V.J.Priyadarsana
Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
14.04.2026 for the offences punishable under Sections 126, 131, 296(b), 309(4)
and 324(5) of BNS Act, 2023 in Crime. No. 106 of 2026 on the file of the
respondent police, seeks bail.
2. The case of the prosecution is that on 13.04.2026 at about 20:45 Hrs,
the defacto-complainant along with others went to Oratthur Hospital through his
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car bearing Reg.No. TN91 AC 2498. Near Bharathi Market, A1 riding two-
wheeler bearing Reg.No. TN51 AT 6561 in a fast and negligent manner hit the
complainant’s car, leading to a wordy quarrel. The petitioner along with two
others abused the complainant in filthy language, attacked him with hands,
damaged his car’s right side door glass with bricks, and snatched 6 sovereign
gold chain causing damage worth about Rs.25,000/-. Hence, the case.
3. The learned counsel for the petitioner would contend that the
petitioner is under judicial custody since 14.04.2026. He further submitted that
there is no specific overtact against this petitioner and that he is an innocent
person and he has not committed any offence as alleged by the prosecution.
Therefore, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Criminal Side) reiterated the
prosecution case and submitted that there are two previous cases pending
against him. Investigation in this case is pending. He, along with the co-accused
attacked the car of the defacto complainant and damaged it. Hence, he
vehemently opposed the grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rivals submissions made on both sides and nature of
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offences charged against the petitioner, and also the fact that though there are
previous cases pending against the petitioner, bail has been granted in all those
cases, and that even according to the prosecution, main allegation is only
against the co-accused, and also taking into consideration 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 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 No.II,
Nagapattinam and on further conditions that:
[b] the petitioner shall report before the respondent
police everyday at 10.30 a.m. until further orders;
[c] the petitioner shall not commit any offence similar to
the offence of which she is accused, or suspected, or of the
commission of which she is suspected;
[d] the petitioner shall not abscond either during
investigation or trial;
[e] the petitioner shall not directly or indirectly make any
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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
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 B.N.S.2023.
14-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
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.
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To
1. The Judicial Magistrate No.II, Nagapattinam
2.The Inspector of Police
Velippalayam Police Station,
Nagapattinam District.
Crime No. 106 of 2026.
3. The Superintendent
District prison, Nagapattinam.
4. The Public Prosecutor,
Madras High Court.
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P.DHANABAL, J.
GD
14-05-2026
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