Gopinath v. The State Rep By The Assistant Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Gopinath ... Appellant

Versus

State rep. by

1. The Assistant Superintendent of Police, Namakkal,Namakkal District.

2. The Inspector of Police, Namakkal Police Station, Namakkal District.

(Crime No.248 of 2025)

3. Poomathi ... Respondents PRAYER: Criminal Appeal is filed under Section 14-A of S.C/S.T. Act (Prevention of Atrocities) Amendment Act, 2015 r/w Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, (BNSS), 2023, to set aside the order passed in bail petition in C.M.P.No.98 of 2025 dated 11.06.2025, on the file of Special Court for Trial of Cases registered under SC/ST (POA) Act, Namakkal and enlarge the appellant on bail in Crime No.248 of 2025, on the file of the 2nd Respondent Police.

For Appellant : Mr. J. Jagan for Mr. W. Camyles Gandhi For Respondents : Mr. S. Raja Kumar (for R1 & R2) Additional Public Prosecutor.

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O R D E R

This criminal appeal has been preferred against the order dated 11.06.2025 passed in C.M.P.No.98 of 2025 on the file of Special Court for Trial of Cases registered under SC/ST (POA) Act, Namakkal, dismissing the the appellant's bail application in connection with the Crime No.248 of 2025, pending before the second respondent police, and enlarge him on bail.

2. Heard the learned counsel for the appellant and the learned Additional Public Prosecutor appearing for the first and second respondent and also perused the materials available on record.

3. According to the prosecution, there are totally six accused in this case. The petitioner is the accused/A5. The accused/A1 to A4 allegedly committed murder with the intention of taking the life of the deceased. Subsequently, on 12.05.2025, the accused/A5 and A6 allegedly aided to the accused/A1 to A4 in escaping from the clutches of the law, knowing about the offence committed by them.

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4. In connection with the above crime, the petitioner was arrested and remanded to judicial custody on 13.05.2025. The investigation is ongoing.

5. The Trial Court rightly dismissed the petition filed under Section 483 of BNSS, seeking bail for the offences under Sections 296(b), 103(1), 115(2) 118(1) of BNS, 2023 and Section 3(2)(V) of the SC/ST (POA) Act, citing the seriousness and heinous nature of the offence.

6. In view of the above, the petitioner has failed to make out a prima facie to enlarge him on bail, and this Court does not find any illegality or infirmity in the order dated 11.06.2025 in C.M.P.No.98 of 2025 passed by the learned Special Judge for Trial of Cases registered under SC/ST (POA) Act, Namakkal, and the same is hereby confirmed. Accordingly, the Criminal Appeal is dismissed.

20.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order klt 3/4

G.K.ILANTHIRAIYAN, J.

klt To 1.The Special Court for Trial of Cases registered under SC/ST (POA) Act, Namakkal.

2.The Assistant Superintendent of Police, Namakkal, Namakkal District.

2. The Inspector of Police, Namakkal Police Station, Namakkal District.

(Crime No.248 of 2025) 3.The Public Prosecutor, High Court, Madras.

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