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Madras High CourtCRL A/313/2025dismissed

Ranjith Kumar v. The State Rep By Its The Station House Officer,

2025-04-08Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.A.Nos.313 & 314 of 2025

1. Ranjith Kumar

2. Venkatesamy ... Appellants in Crl.A.No.313 of 2025 Dharnish @ Dhibu ... Appellant in Crl.A.No.314 of 2025 Vs.

1. The State represented by its The Station House Officer, Thiyagadurugam Police Station, Kallakurichi District.

2. Subramaniyan ... Respondents in both the Crl.Appeals PRAYER: Criminal Appeal is filed under Section 14A(2) of SC & ST (Prevention of Atrocities Act 1989), to set aside the impugned order dated 17/3/2025 passed in Crl MP Nos 718 & 719 of 2025 in Crime No 60/2025 passed by the Principal District and Sessions Court, Kallakuruchi and allow the Criminal Appeal by enlarging the Appellants on bail on such terms and conditions that may imposed by this Court.

For Petitioner : Mr.R.Sankarasubbu For Respondent 1 : Mrs.G.V.Kasthuri, Additional Public Prosecutor For Respondent 2 : No appearance

O R D E R

These Criminal Appeals have been filed to set aside the impugned order dated 17.03.2025 passed in Crl.M.P.Nos.718 and 719 of 2025 in Crime No.60 of 2025 by the Principal District and Sessions Judge, Kallakuruchi and to allow the Criminal Appeals by enlarging the appellants on bail.

2. Heard the learned Counsel for the appellants and the learned Additional Public Prosecutor appearing for the first respondent Police and perused the materials available on record.

3. The learned counsel appearing for the appellants submitted that the appellants are innocent and they have not committed any offence as alleged by the prosecution. The appellants have filed Crl.M.P.Nos.718 and 719 of 2024 under Section 483 of BNSS, before the Principal District and Sessions Judge, Kallakurichi. The trial court failed to consider the facts and circumstances of the case, dismissed the petition filed by the appellants. Hence the present appeals.

4. The learned Additional Public Prosecutor appearing for the first respondent-Police submitted that there is totally four accused in Crime No.60 of 2025. One of the accused is juvenile. The accused have used the deadly weapon and caused injuries on the victim. The offence is grave in nature. The investigation was over and charge sheet has also been filed before the magistrate concerned. If the appellants are released on bail, they will tamper the witnesses. The trial court rightly dismissed the petitions filed by the appellants. There is no merit in the criminal appeals.

5. Admittedly, the appellants have used deadly weapon and caused injuries and the offence is grave in nature. Investigation was over and

charge sheet has also been filed. If the accused are released on bail, there is a possibility of tampering the witnesses.

6. It is stated that at the time of filing the bail application, investigation was not completed and hence, the trial court dismissed the bail application. Now, the investigation was over and charge sheet has also been filed.

7. Under the above facts and circumstances and considering the serious nature of offence and there is a possibility of tampering the witnesses, this Court is not inclined to grant the relief as sought for by the appellants.

8. In view of same, both the appeals are dismissed. The appellants are at liberty to approach the trial court. 08.04.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Principal District and Sessions Court, Kallakuruchi.

2. The Station House Officer, Thiyagadurugam Police Station, Kallakurichi District.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J.

mfa Crl.A.Nos.313 & 314 of 2025 08.04.2025