Mahendiran v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Mahendiran ... Petitioner Vs.

The State Represented by, The Inspector of Police, Paradarami Police Station, Vellore District.

(Crime No.209 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.209 of 2024, pending investigation on the file of the respondent Police.

For Petitioner : M/s. C. Harish For Respondent : Mr. A. Gopinath Government Advocate (Crl.Side) ****** 1/4

O R D E R

Petition seeking bail in respect of Crime No.209 of 2024 registered for the alleged offences punishable under Sections 103(1), 109(1), 118(2), 296(b) and 329(3) of BNS altered to Sections 103(1), 109(1), 118(1), 296(b) and 329(3) of BNS, is on board for consideration.

2.

The case of the prosecution is that, the victims and the petitioner are neighbors and due to prior enmity, the petitioner attacked the victims, who are husband and wife using sickle, thereby caused death to the defacto complainant's husband and also caused grievous injuries to the defacto complainant. Hence, this case.

3.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case and has not committed any offence as alleged by the prosecution; that the petitioner has been arrested and remanded to judicial custody on 13.12.2024; and that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and to appear and co-operate for the investigation, and prayed for bail to the petitioner.

4.

Learned Government Advocate (Criminal Side) appearing for the 2/4

respondent police, per contra submitted that the petitioner attacked the victims using sickle, thereby one of the victim died and another sustained grievous injuries; that the petitioner is a history sheeter, has 8 previous cases including the offences under Sections 307, 376 and 302, and that the investigation is pending and, hence opposed the grant of bail to the petitioner. 5.

Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6.

Taking into consideration the facts and circumstances of the case, the nature of allegation against the petitioner, the submissions made by the learned counsels on either side, the fact that the petitioner has bad antecedents, this Court is not inclined to grant bail to the petitioner, at this stage. 7.

Accordingly, this criminal original petition is dismissed. 04.02.2025 stn SUNDER MOHAN, J.

stn 3/4

To

1. The Inspector of Police, Paradarami Police Station, Vellore District.

04.02.2025 4/4