Mohan Alias Mohanan v. State of Tamilnadu Rep by Inspector of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.07.2026 PRESENT THE HONOURABLE MR.JUSTICE K. RAJASEKAR CRL OP(MD)No.15333 of 2026

1.Mohan @ Mohanan

2.Radha

3.Raja Sekar ... Petitioners / A1, A2 & A5

Versus The State of Tamil Nadu, Rep. by the Inspector of Police, Thiruvattar Police Station, Kanyakumari District. (Crime No.204 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.204 of 2026 on the file of the respondent police, or on their appearance. For Petitioners : Mr.George Pual Anto.L

For Respondent : Mr.J.Vishnu Government Advocate (Criminal Side) ORDER : The Court made the following order :- The petitioners, who apprehend arrest in connection with Crime No.204 of 2026 on the file of the respondent police, registered for the offences punishable under Sections 191(2), 191(3), 296(b), 329(3), 115(2), 118(1), 324(4) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, seek the relief of anticipatory bail.

¶2The case of the prosecution is that, on 22.06.2026, owing to previous enmity between the parties, the accused criminally trespassed into the house of the defacto complainant, assaulted her with deadly weapons, cut down the trees standing on her property, caused damage to the tune of Rs.40,000/-, and criminally intimidated her with dire consequences. Hence, a case has been registered against the petitioners for the aforesaid offences.

¶3The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case. It was further submitted that the petitioners are ready and willing to cooperate with the investigation and abide by any condition that may be imposed by this Court. Accordingly, the learned counsel prayed for the grant of anticipatory bail.

¶4Per contra, the learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that the accused had assaulted the defacto complainant, damaged her properties, and criminally intimidated her with dire consequences. He further submitted that the injured has been discharged from the hospital. Although the petitioners have no previous criminal antecedents, if they are granted anticipatory bail at this stage, there is every likelihood of their interfering with the investigation. Hence, he opposed the grant of anticipatory bail.

¶5This Court has carefully considered the rival submissions and perused the materials available on record.

¶6Considering the nature of the allegations, the fact that the injured has already been discharged from the hospital and also considering the fact that there are no previous cases against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions. [a] The petitioners are directed to deposit a sum of Rs.5,000/-(Rupees Five Thousand only) each to the credit of Crime No.204 of 2026 within a period of 15 days before the learned Judicial Magistrate No.II, Padmanabhapuram, Kanyakumari District. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment. [b] On such deposit being made, 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.II, Padmanabhapuram, Kanyakumari 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. [c] the petitioners shall report before the respondent Police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation. [d] the petitioners shall not commit any offences of similar nature. [e] the petitioners shall not abscond either during investigation or trial. [f] the petitioners shall not tamper with evidence or witness either during investigation or trial. [g] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

24.07.2026 pal To

1.The Judicial Magistrate No.II, Padmanabhapuram, Kanyakumari District.

2.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.15333oofo2026 oK.oRAJASEKARoo,Jo. ooooooooooooooooooooooooooooooooooooooooooooopal ORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.15333oofo2026 Dateoo:o24.07.2026