Arumugam v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Arumugam .. Petitioner Vs.

State rep. by The Inspector of Police Thalaivasal Police Station Salem District Crime No. 11 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in connection with case in C.C.No.211 of 2025 on the file of Judicial Magistrate No.2, Attur, Salem.

For Petitioner :

Mr.D.Balaji For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 06.03.2025, for the offence punishable under Sections 331(4) and 305(a) of BNS in connection with Crime No. 11of 2025, registered on the file of the respondent, seeks bail.

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2. The case of the prosecution is that on 04.01.2025, when the defacto complainant came to open her pharmacy shop, she found that the lock was break open and a cash of Rs.13,600/- and some medicines were stolen from the shop. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 06.03.2025. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Additional Public Prosecutor appearing for the respondent police, while opposing for grant of bail to the petitioner, submitted that the accused had entered into the shop of the de facto complainant and robbed a sum of Rs.13,600/- and some medicines were also stolen. He also submits that in this case, investigation has been completed and charge sheet has been filed in C.C.No.211 of 2025 on the file of Judicial Magistrate No.2, Attur, Salem and only 10 witnesses have been examined. He further submits that there are 16 previous cases which are similar in nature are pending against the petitioner in various parts of the State. Hence, he strongly objected to grant bail to the petitioner. 2/4

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

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and considering the fact that the petitioner is having 16 previous cases pending which are similar in nature and also the fact that investigation in this case has been completed and charge sheet has been filed and only 10 witnesses have been examined, this Court is not inclined to grant bail to the petitioner. The Trial Court is directed to complete the trial within a period of four months from the date of receipt of copy of this order.

7. With the above direction, the criminal original petition stands disposed of.

27.06.2025 nr M.NIRMAL KUMAR, J.

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To

1. The Judicial Magistrate No.2, Attur, Salem. 2.The Inspector of Police Thalaivasal Police Station Salem District

3. The Superintendent, Central Prison, Cuddalore.

4. The Public Prosecutor, High Court, Madras.

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