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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2025

CORAM

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

State rep. by The Inspector of Police, Yethapur Police Station, Salem District.

(Crime No.371 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the Petitioner/Accused on bail in Crime No.371 of 2025 on the file of the respondent police seeks bail. For Petitioner :

Mr.W.Camyles Gandhi For Respondent :

Mr.R.Vinoth Raja Government Advocate (Crl. Side) *********

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 21.05.2025 in Crime No.371 of 2005 for the offence under Sections 397 I.P.C @ 120(b) & 397 of I.P.C, on the file of the respondent police seeks bail.

2. The learned counsel for the petitioner submitted that the petitioner is 1/4

facing trial in PRC No.34 of 2021 on the file of the Judicial Magistrate No.1, Attur. No summons was served on the petitioner as he was in prison in connection with another case at the relevant time. The co-accused in the said case were acquitted and the case was disposed of, leading the petitioner to believe that the case against him was also concluded. Therefore, his non-appearance in the present case was neither willful nor wanton. The petitioner is also suffering from certain ailment and requires proper medical treatment. He had been in judicial custody for the past 55 days. Hence, the learned counsel prayed that the petitioner be enlarged on bail. Hence, the case.

3. The Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and opposed the grant of bail to the petitioner. He further submitted that there are a total of 18 accused in the case. Accused A2, A9, A11, and A12 were acquitted in S.C.No.175 of 2018.Accused A5, A6, A10, and A16 have passed away. Accused A1, A7, A8, A13, and A14 are facing trial in S.C.No.215 of 2018, which is still pending. As for A18, proceedings are pending in P.R.C.No.5 of 2025, and a warrant is yet to be executed. In total, there are 23 witnesses, and the trial has not yet commenced.

4. Heard both sides and perused the materials available on record. 2/4

5. Considering the gravity of the offence committed by the petitioner and taking into account the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 25.07.2025 nvi To 1.The Inspector of Police, Yethapur Police Station, Salem District.

2.The Public Prosecutor, Madras High Court, Chennai.

M.NIRMAL KUMAR,J., 3/4

nvi 25.07.2025 4/4