Rajkumar @ Arasu Ezharai v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Rajkumar @ Arasu Ezharai ... Petitioner/A9 Vs.

The State represented by, The Inspector of Police, Vanur Police Station, Villupuram District.

(Crime No.546 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.546 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr.Krishnasamy Chinnasamy For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 29.11.2024, seeking bail in Crime No.546 of 2024 registered for the offence under Sections 103(1), 61(2), 238(a) of BNS, 2023 1/4

2. It is the case of the prosecution that the deceased and other accused belonged to the same village; that the deceased on account of prior enmity had left the village and was residing at Chennai with his wife; that the accused called the deceased for a meeting, consumed alcohol; and that thereafter, caused the death of the deceased by severing his head. The petitioner is shown as A9 in the case.

3. The learned counsel for the petitioner would submit that the allegations are false; that he was not present in the scene of the occurrence; that in any case, his further custody is not required for the purpose of investigation; and that considering his period of incarceration, he may be granted bail.

4. The learned Government Advocate (Crl.Side) on instructions submitted that there are 15 previous cases against the petitioner for the offences under the NDPS Act and also under Section 302 of the IPC.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the 2/4

materials available on record.

6. Considering the nature of the allegations, the manner in which the offence had been committed and the bad antecedents of the petitioner, this Court is not inclined to consider the bail petition, at this stage. Hence, this Criminal Original Petition is dismissed.

05.02.2025 ars To

1. The Special Court for exclusive trial cases registered under SC/ST (POA) Act, Villupuram.

2. The Inspector of Police, Vanur Police Station, Villupuram District.

3. The Superintendent, Vedampattu, Villupuram District Prison.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

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