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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.5485 of 2025 Anand .... Petitioner Vs.

The State represented by, The Vedaranyam Police Station, Nagapattinam District.

(Crime No.40 of 2024). ... Respondent in both OPs PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.40 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr.C.Deepakkumar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 07.03.2024 for the alleged offence under Sections 147 148, 341, 120(B), 302 of IPC in S.C.No.109 of 2024 pending trial on the file of the Principal District and Sessions Court, Nagapattinam in Crime No.40 of 2024 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that there was a civil dispute between the deceased and the accused; that on 07.03.2024 around 07.15.a.m., the petitioner along with other accused attacked the deceased with knife and bill hook, as a result of which, he sustained grievous injuries and died on the spot.

3. This is the 6th bail application filed by the petitioner. Earlier bail petition was dismissed on 23.01.2025 in Crl.O.P.No.32228 of 2024, wherein this Court observed as follows:

Considering the facts and circumstances of the case and the submissions made by both counsel, considering the gravity of offence committed by the petitioner, due to a civil dispute between A1 and the deceased, the petitioner along with other accused intercepted the deceased and attacked him with knife and sickle, thereby he sustained serious injury and died on the spot and he was brutally murdered by the accused and also the fact that he is a hooligan and he was engaged to kill the deceased and the fact that there are 8 previous cases pending against the petitioner, in which one case was registered under Section 302 of IPC and the fact that it is a daylight murder and the fact that now filed report was filed and the trial is also commenced and at this stage if he is released 2/4

on bail, he may abscond and there is possibility of tampering the witnesses and hampering the investigation and also the fact that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

4. The learned counsel appearing for the petitioner is unable to spell out any change in circumstances. The petitioner is an henchman and has 8 previous cases of similar nature and he is an habitual offendor and there is every possibility of him tampering with the witnesses if he is released on bail at this stage.

5. Accordingly, this Criminal Original Petition is dismissed. 06.03.2025 Sma 3/4

SUNDER MOHAN., J.

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