CRL OP/9678/2026 of Mohanraj Vs Station House Officer
Crl.O.P.No.9678 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2026
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.9678 of 2026
1. Mohanraj
2. Indra ... Petitioners
Vs.
The State represented by,
The Inspector of Police,
District Crime Branch,
Cuddalore Police Station,
Cuddalore District.
(Crime No.47 of 2025). ... Respondent
PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail, in connection
with Crime No.47 of 2025, pending investigation on the file of the respondent
police.
For Petitioners : Mr.R.Veeramani
For Respondent : Mr.P.Dhilpeean
Government Advocate (Criminal Side)
For Intervenor : Mr.C.Karthick
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Crl.O.P.No.9678 of 2026
O R D E R
The petitioners who apprehend arrest at the hands of the respondent police
for the offences punishable under Sections 318(4) and 316(2) of BNS, 2023 in
Crime No.47 of 2025, seek anticipatory bail.
2. The case of the prosecution is that the petitioner along with other
accused induced the defacto complainant to invest him in quarry bussiness and
thereby cheated him. Hence, the case
3. The learned counsel appearing for the petitioners would submit that the
petitioners are innocents and they have been falsely implicated i n this case. He
further submitted that the petitioners are ready to abide by any stringent conditions
that may be imposed by this Court. Hence, he prays to grant antici patory bail to
the petitioners.
4. The learned Government Advocate (Crl. Side) reiterated the pr osecution
case and opposed to grant anticipatory bail to the petitioners.
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Crl.O.P.No.9678 of 2026
5. The learned counsel appearing for the defacto complainant submitted
that the petitioners entered into an agreement for sharing the pr ofit in quarry
business, however, they cheated him. Hence, he vehemently opposed for grant of
anticipatory bail to the petitioner.
6. Considering the above facts and circumstances that the dispute is c ivil in
nature, this Court is inclined to grant anticipatory bail to the petitioners with
certain conditions.
7. Accordingly, 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.I, Cuddalore, on condition that the petitioners shall execute a separate 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 respondent police or the police offi cer who
intends to arrest or to the satisfaction of the learned Magistrate concerned, failing
which, the petition for anticipatory bail shall stand dismissed and on further
condition that:
[a] the petitioners and the sureties shall affix their
photographs and Left Thumb Impression in the surety bond and the
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Crl.O.P.No.9678 of 2026
Magistrate may obtain a copy of their Aadhar card or Bank pass
Book to ensure their identity.
[b] the petitioners shall report before the respondent police
daily at 10.30 a.m. for a period of two weeks and thereafter as and
when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness
either during investigation or trial.
[d] the petitioners shall not abscond either during
investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned
Magistrate/Trial Court is entitled to take appropriate action against
the petitionerss in accordance with law as if the conditions have be en
imposed and the petitionerss released on bail by the learned
Magistrate/Trial Court himself as laid down by the Hon'ble Suprem e
Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter abscond, a fresh FIR can be
registered under Section 229A IPC.
30.04.2026
Sma
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Crl.O.P.No.9678 of 2026
To
1. Judicial Magistrate No.I, Cuddalore.
2. The Inspector of Police,
District Crime Branch,
Cuddalore Police Station,
Cuddalore District.
3. . The Public Prosecutor,
High Court of Madras.
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Crl.O.P.No.9678 of 2026
G.K.ILANTHIRAIYAN .,J.
Sma
Crl.O.P.No.9678 of 2026
30.04.2026
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