K.Manikandan v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN K.Manikandan ..Petitioner Vs State Rep. by The Inspector of Police, Royapuram Police Station, Royapuram, Chennai.

Crime No.159 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.159 of 2026 on the file of the Inspector of Police, Royapuram Police Station, Royapuram Chennai.

For Petitioner:

Mr.G.Vinodhkumar For Respondent:

Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 21.05.2026 for the alleged offences under Sections 105 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.159 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 21.05.2026, when the deceased Raghu, a TATA Ace driver, along with the defacto complainant was delivering cylinders, the vehicle allegedly hit the auto belonging to the petitioner. A quarrel ensued between the petitioner and the deceased, during which the petitioner allegedly slapped the deceased and attacked him on his chest. Thereafter, the deceased fainted and was taken to Stanley Government Hospital, where he was declared dead. Hence, the case was registered.

3. The learned counsel appearing for the petitioner submitted that the occurrence took place on 21.05.2026 and even according to the allegations in the FIR, there was no serious assault and no weapon was used. It is further submitted that the deceased was suffering from certain ailments and immediately after the occurrence, both the petitioner and the defacto complainant arranged for an ambulance and took the deceased to the hospital. The learned counsel would further submit that the petitioner has been in incarceration since 21.05.2026. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the Trial Court dismissed the earlier bail application on the ground that the post-mortem report was awaited. It is further submitted that the post-mortem report has now been received.

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 occurrence took place on 21.05.2026 and even according to the FIR, there was no allegation of serious assault or use of any weapon. The post mortem report which was awaited earlier, has now been received. Taking into consideration the subsequent development, the allegations found in the FIR and the long incarceration of the petitioner since 21.05.2026, 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 Metropolitan Magistrate No. XV, George Town, 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 respondent police twice a day at 10.30 a.m. and 05.30 p.m. until

further orders.

[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.

23-06-2026 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 learned Metropolitan Magistrate No. XV, George Town.

2. Central Prison, Puzhal.

3. The Inspector of Police, Royapuram Police Station, Royapuram, Chennai.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 23-06-2026