R.Rubesh @ Manikandan v. State Rep By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN R.Rubesh @ Manikandan ..Petitioner Vs State Rep. By, The Sub Inspector of Police, M-1, Madhavaram Police Station, Madhavaram. (Crime No. 110/2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No. 110/2026 on the file of the respondent police. For Petitioner:

Mr.A.Nirmal Kumar For Respondent:

Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 21.02.2026 for the alleged offences under Sections 126(2), 119(2), 119(3), 296(b), 109 and 351(3) of Bharatiya Nyaya Sanhita, 2023, (Section 341, 119, 327, 294, 307, 506(ii) of Indian Penal Code, 1860) in Crime No.110 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant, who is an auto driver, was allegedly attacked near Moolakadai Roundtana by the accused

persons with a weapon during a quarrel between auto drivers. Due to the said attack, the defacto complainant sustained injuries and was admitted in hospital. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged occurrence. According to him, the incident arose only out of a wordy quarrel between auto drivers. He would further submit that both the petitioner and the defacto complainant were auto drivers and were known to each other. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent opposed the bail application stating that the injured had sustained head injury and injury to his finger. However, he fairly submitted that the injured has already been discharged from the hospital.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. From the submission of the learned counsel on either side, this Court is of the view that the injured has already been discharged from the hospital and taking into account the period of incarceration undergone by the petitioner since

21.02.2026, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned District Munsif-cum-Judicial Magistrate Court, Madhavaram, and subject to the following conditions:

[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 Inspector of Police, K2, Ayanavaram Police Station, Ayanavaram twice a day at 10.30 a.m. and 05.30 p.m. for a period of one month and thereafter as and when required for interrogation before the respondent police;

[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 petitioner 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.

12-03-2026 NSL 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 District Munsif Cum- Judicial Magistrate Court, Madhavaram.

2. Central Prison, Puzhal II.

3. The Sub Inspector of Police, M-1, Madhavaram Police Station, Madhavaram.

4. The Inspector of Police, K2, Ayanavaram Police Station, Ayanavaram.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 12-03-2026