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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. Sudheer,

2. Arjun

3. Santhosh, Petitioners Vs State rep by the Inspector of Police, Gurubarapalli Police Station, Krishnagiri District. (Crime No.

135/2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioners on bail in Crime No. 135/2025 on the file of the Respondent/police. For Petitioners:

Mr.M.P.Saravanan For Respondent(s):

Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 12.05.2025, for the offences punishable under Sections 310(2), 312 of BNS Act (395, 398 of IPC) in connection with Crime No.135 of 2025, registered on the file of the respondent, seek bail.

2.The prosecution case is that on 28.04.2025 the petitioners allegedly assaulted the defacto complainant and his driver near Government Headquarters Hospial, Krishnagiri, using deadly weapons, smashed the vehicle's glass, and stole a sum of Rs.20,30,000/-. Hence, the case. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The defacto complainant has lodged a false complaint against the petitioners with false allegations. The petitioners were not present in the place of occurrence. Only on the basis of suspicion, the respondent/police has falsely implicated the petitioners in this case. The

petitioners are law abiding citizens and they are having permanent residence. If they are enlarged on bail, they will not abscond and they will not tamper the witnesses and evidence and they will abide the condition if any to be imposed by this Court. Hence, he prayed for grant of bail to the petitioners. 4.The learned Government Advocate (Crl.side) appearing for the respondent would submit that on 28.04.2025 the petitioners allegedly assaulted the defacto complainant and his driver near Government Headquarters Hospial, Krishnagiri, using deadly weapons, smashed the vehicle's glass, and stole a sum of Rs.20,30,000/-. He would further submit that if the petitioners are enlarged on bail at this stage, it will affect the investigation process. Hence, he opposed for grant of bail to the petitioners.

5.Heard the learned counsel for the petitioners as well as the learned Government Advocate (crl.side) and perused the materials available on record. 6.Considering the facts and circumstances of the case considering the

nature and gravity of offence, if bail is granted to the petitioners, the petitioners may cause threat to the defacto complainant and other witnesses and thereby tamper the evidence and it will cause hindrance to the investigation. Considering the nature and gravity of offence and stage of investigation, this Court is of the considered view that further custody of the petitioners is absolutely necessary to unearth the truth. Hence, this Court is not inclined to grant bail to the petitioners.

7.Accordingly, this Criminal Original Petition stands dismissed. 01-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State rep by the Inspector of Police, Gurubarapalli Police Station, Krishnagiri District. (Crime No.

135/2025) 2.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

gbi CRL OP No. 18602 of 01-07-2025