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Madras High Court
Masaan Subash vs State Rep. By Inspector Of Police on 7 May, 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.05.2026
CORAM
THE HONOURABLE Mr. JUSTICE L.VICTORIA GOWRI
Crl.O.P.No.11934 of 2026
Masaan Subash ... Petitioner(s)
Vs.
The State rep. by
The Inspector of Police,
Dharmapuri B1 Police Station,
Dharmpauri. ... Respondent(s)
Crime No.253 of 2026
PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.253 of 2026 on the file
of the respondent police.
For Petitioner(s) : Mr.G.Paramasivam
For Respondent(s) : Mr.V.J.Priyadarsana,
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
17.04.2026 for the alleged offences under Sections 296(b) & 109 of BNS 2023,
in Crime No.253 of 2026 on the file of the respondent police, seek bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that, due to wordy quarrel, the petitioner
abused the defacto complainant using filthy language and attacked the him with
a beer bottle on the neck, thereby causing grievous injuries. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner
is innocent and has been falsely implicated in this case. He would further submit
that the petitioner has been in custody since 17.04.2026 and is ready to abide by
any stringent conditions that may be imposed by this Court. He would further
submit that the petitioner, without prejudice to the defence and contention, is
ready and willing to deposit a sum of Rs.10,000/-, to any welfare scheme of the
Government or any other organization. Hence, he prayed for the grant of bail.
4. The learned Government Advocate (Crl. Side) appearing for the
respondent, while opposing the grant of bail to the petitioner, reiterated the
prosecution case and, on instructions, submitted that the injured has been
discharged from the hospital.
5. Heard learned counsel for the petitioner and the learned Government
Advocate (Crl.Side) appearing for the respondent and perused the materials
available on record.
https://www.mhc.tn.gov.in/judis
6. Considering the facts and circumstances of the case, the voluntary
submissions made by the learned counsel for the petitioner, the period of
incarceration undergone by the petitioner and the fact that the injured has been
discharged from the hospital, this Court is inclined to grant bail to the petitioner
with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his
executing a 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 learned Judicial
Magistrate Court No.1, Dharmapuri, 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 deposit a sum of Rs.10,000/-
(Rupees Ten Thousand only) (Non refundable) towards the
account of CANCER INSTITUTE (WIA), Adayar, Savings
Bank Account maintained at Andhra Bank, Madhya Kailash
Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus,
Sardar Patel Road, Chennai-36, bearing SB Account
No.149710011005477, IFS Code No.ANDB0001497, Branch
Name and Code 1497, MICR No.600011049 and to produce
the Bank Challan before the Judicial Magistrate Court No.I,
https://www.mhc.tn.gov.in/judis
Dharmapuri District and the receipt shall be produced at the
time of executing the bond;
[c] the petitioner shall report before the respondent
police everyday at 10.30 a.m. for a period of three weeks and
thereafter as and when required for interrogation;
[d] the petitioner shall not abscond either during
investigation or trial;
[e] the petitioner shall not tamper with the evidence or
witness either during investigation or trial;
[f] on breach of any of the aforementioned conditions,
the learned Magistrate/Trial Court is entitled to take
appropriate action against the petitioners 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];
[g] if the petitioner thereafter abscond, a fresh FIR
may be registered under Section 269 of the Bharatiya Nyaya
Sanhita, 2023.
07.05.2026
dpa/stn
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.
https://www.mhc.tn.gov.in/judis
To
1. The learned Judicial Magistrate Court No.1, Dharmapuri.
2. The Superintendent, Central Prison, Dharmapuri
3. The Inspector of Police, Dharmapuri B1 Police Station, Dharmpauri.
4. The Public Prosecutor, High Court of Madras
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
dpa/stn
07.05.2026
https://www.mhc.tn.gov.in/judis
