Albaras v. State Rep by the Station House Officer

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), 296(b), 109(1) of the Bharatiya Nyaya Sanhita, 2023, r/w Section 3 of TNPPDL Act later altered into Sections 191(2), 191(3), 109(1), 61(2), 249(b), 296(b) of BNS r/w Section 3 of TNPPDL Act in Crime No.256 of 2026 on the file of the respondent police, seeks bail. Page2 of 4

¶2The case of the prosecution is that due to previous enmity between the defacto complainant and one Manikandan (A1), whose friend was allegedly murdered by the defacto complainant. The accused persons, while the defacto complainant was returning from the Ulundurpet Court pursuant to a bail condition, waylaid him and attempted to assault him in retaliation. Hence, the case was registered.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is innocent and has been falsely implicated in the case. It is submitted that he is a Diploma Engineer engaged in the business of buying and selling old cars. On the date of occurrence, he had come for his business purpose and was staying in a hotel room, while his friends had taken his car and allegedly accompanied the co-accused. It is further submitted that the petitioner was not present at the place of occurrence and had no role in the alleged offence.

¶4The 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. Page3 of 4

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

¶6This 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 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.

¶7Accordingly, this Criminal Original Petition stands dismissed. 30-06-2026 NSL To

¶1The Judicial Magistrate-I, Villupuram.

¶2The District Jail, Villupuram.

¶3The Station House Officer, Ulundurpet Police Station, Kallakurichi District. CRLoOPoNo.o16308oofo2026 C.KUMARAPPAN,oJ. NSL CRLoOPoNo.o16308oofo2026 30-06-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Albaras ..Petitioner Vs State Rep By. The Station House Officer, Ulundurpet Police Station, Kallakurichi District. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.256 of 2026 on the file of the Station House Officer, Ulundurpet Police Station, Kallakurichi District. For Petitioner: Mr.J.Abdul Hadi For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)