Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.05.2026
CORAM
The Hon`ble Mr.Justice P.DHANABAL Crl. O.P. No.11305 of 2026 Mohan @ Kasimedu Mohan … Petitioner/A2 vs The State represented by The Inspector of Police Arakonam Police Station Vellore District, Tamil Nadu Ranipet Crime No.380 of 2023 ... Respondent PRAYER: - Criminal Original Petition filed under Section 483 of BNSS Act praying to enlarge the petitioner on bail S.C.No.169 of 2024 pending on the file of II Additional Sessions Court at Arakonam. For Petitioner : Mr.V.Parthiban For Respondent : Mr.S.Vinothraja Government Advocate (Criminal side)
ORDER
The petitioner/A2 seeks bail in S.C.No.169 of 2024 in Crime No.380 of 2023 pending on the file of II Additional Sessions Court at Arakkonam, for the offence punishable under Sections 147, 148, 324, 302, 149, 109 and 120(B) of IPC. The petitioner has been remanded to judicial custody on 11.09.2025 on execution of NBW issued against him on 20.01.2025.
2.Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in S.C.No.169 of 2024 on the file of II Additional Sessions Court at Arakkonam. He further submitted that since the petitioner was unable to appear before the trial Court, he was issued with the non-bailable warrant on 20.01.2025, and pursuant to the same, he was arrested on 11.09.2025. He also submitted that the petitioner will undertake that hereafter he will regularly appear before the trial court on all hearing dates and also stated that he is prepared to comply with any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioner.
3. Learned Government Advocate (Crl.Side) appearing for the
respondent submitted that since the petitioner, facing trial in S.C.No.169 of 2024 on the file of II Additional Sessions Court at Arakkonam, has failed to appear before the trial Court and therefore, the trial Court has issued a NBW against the petitioner on 20.01.2025, and pursuant to which, he was arrested and remanded to judicial custody on 11.09.2025. Hence, he oppose for grant of bail to the petitioner.
4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.
5. Considering the fact that bail was already granted to the
petitioner and thereafter NBW was issued and thereafter, the same has been executed, and considering the period of incarceration undergone by the petitioner and also considering the fact that after completion of investigation, final report has also been filed and now the case is posted for trial and also considering the undertaking given by the petitioner that he is ready to co-operate for speedy disposal of the trial, this Court is inclined to grant bail to the petitioner with certain 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 II Additional Sessions Judge, Arakkonam and on further conditions that: [b] the petitioner shall report before the concerned trial Court daily at 10.00 a.m. until further orders; [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he 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 him 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 229A IPC. 13.05.2026 Index: Yes/No Internet: Yes/No
Speaking/Non Speaking order
mp 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 II Additional Sessions Court, Arakonam
2. The Public Prosecutor, High Court, Madras.
3. The Inspector of Police, Arakonam Police Station, Ranipet.
4. The Central Prison, Vellore. P.DHANABAL,J mp CRL.O.P. No.11305 of 2026 13.05.2026