Sanjai Raja v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.14286 of 2025 Sanjai Ram ... Petitioner Vs.

State rep by The Inspector of Police Race Course Police Station, Coimbatore.

... Respondent (Cr.No.81 of 2023) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in SC.No.285 of 2024 pending trial on the file of the Special Court for Bomb Blast, Coimbatore.

For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 21.02.2023 for the alleged offence under Sections 148, 302, 120B, 449, 34, 109 and 201 of IPC, in Crime No.81 of 2023 on the file of the respondent 1/6

police, pending trial in S.C.No.285 of 2024 on the file of the Special Court for Bomb Blast, Coimbatore, seeks bail.

2. The case of the prosecution is that the deceased Sathiyapandi was said to have involved in anti social activities including offence of kidnapping for ransom. The petitioner's group also said to have involved in various anti social activities in Coimbatore. Both groups had enmity over their illegal activities. Accordingly, the petitioner along with other accused said to have conspired together and prepared a plan to murder the deceased, thereby, they waited and watched over the period. While so, on 12.02.2023, they said to have seen him near the place of occurrence and chased him and when he entered into a house, the petitioner along with other accused entered into the said house and shot him with a gun and also attacked him with knife indiscriminately and committed murder. Hence, the complaint was registered against the petitioner.

3. The learned counsel for the petitioner submitted that this is the third petition seeking for bail. He would submit that he has been falsely implicated in this case as if he along with the other accused conspired 2/6

together and chased the deceased and committed murder with deadly weapons, but, in fact, there is no specific overtact against the petitioner and he is an innocent person and he is no way connected with the offence. He would submit that he has not involved in the alleged commission of murder of deceased and except him, all other co-accused were released on bail. He would further submit that investigation was completed and final report also filed and he is suffering incarceration for more than two years. In support of contentions, he relied the ratio laid down by Apex Court in 1980 (1) SCC 93 in the case of Hussainara Khatoon and others (III) Vs. Home Secretary, State of Bihar, Patna. Hence, he prayed for grant of bail to the petitioners.

4. The learned Government Advocate (Crl Side) submitted that totally 9 accused in this case and the petitioner herein is ranked as Accused No.1. The co-accused were released on bail. The petitioner herein is having 7 previous cases against him. He would submit that if he is released on bail, he will tamper the witnesses and hamper the trial process. He further submitted that, trial of the case is pending at the stage of framing of charges.

5. Heard both sides and perused the materials available on record. 3/6

6. I have also gone through the entire records, this Court while dismissing the earlier application and directed the trial court to complete the trial within four months from the date of receipt of this order. This order was passed on 14.11.2024. Since the trial Court is not able to proceed with the trial from the date of dismissal and considering the period of custody of petitioner from 21.02.2023 and trial is not progressed even after dismissal of earlier bail petition. 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Special Court for Bomb Blast, Coimbatore and on further conditions that:

[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;

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[b] the petitioner shall report before the trial Court on all hearing dates except the hearing dates of the other cases until further orders;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 10.10.2025 kmm 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.

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K.RAJASEKAR , J.

kmm To

1. The Special Court for Bomb Blast, Coimbatore.

2. The Inspector of Police Race Course Police Station, Coimbatore.

3. The Central Prison, Cuddalore.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.14286 of 2025 10.10.2025 6/6