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2026 DAILYLAW 46216 (MAD)

Kirubakaran.M v. The State rep by the Inspector of Police

CRL OP/16562/2026 · 2026-06-30

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 16562 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 16562 of 2026 1. Kirubakaran.M 2. Ram Kumar.N ..Petitioner Vs State represented by The Inspector of Police, Ulundurpet Police Station, Kallakurichi District. Crime No.256 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the Petitioners on bail in Crime No.256 of 2026 on the file of the Inspector of Police, Ulundurpet Police Station. For Petitioners: Mr.K.Prabhakaran 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 30.05.2026 for the alleged offences under Sections 191(2), 191(3), 109(1), 61(2), 249(b), 296(b) of BNS read with Section 3 of the Tamil Nadu Property (Prevention of Damage and Loss) Act in Crime No.256 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 16562 of 2026 __________ Page2 of 4 2. The case of the prosecution is that due to previous enmity, the petitioners along with other accused person abused the defacto complainant in filthy language, attempted to attack and murder him. Hence, the case was registered. 3. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner. 4. The learned Government Advocate (Crl.Side) would submit that the occurrence is a retaliatory attack arising out of an earlier murder case. It is further submitted that there are about 14 accused involved in the occurrence and the petitioner has one previous criminal case. If the petitioner is enlarged on bail, there is every possibility of retaliation and breach of peace. 5. I have given anxious consideration to the submissions made by the learned counsel on either side. 6. This Court is of the view that the present occurrence appears to have arisen as a retaliatory act for the earlier murder. Considering the nature of the https://www.mhc.tn.gov.in/judis CRL OP No. 16562 of 2026 __________ Page3 of 4 allegation, the fact that as many as 14 accused are involved in the occurrence, and as rightly contended by the learned Government Advocate (Crl.Side), if the petitioner is enlarged on bail, there is every possibility of retaliation and breach of peace. 7. Accordingly, this Criminal Original Petition stands dismissed. 30-06-2026 NSL To 1. The Inspector of Police, Ulundurpet Police Station, Kallakurichi District. 2. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 16562 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. NSL CRL OP No. 16562 of 2026 30-06-2026 https://www.mhc.tn.gov.in/judis