Kamalakannan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.25542 of 2025 Kamalakannan ... Petitioner Vs.

State Rep by The Inspector of Police, Karamadai Police Station Coimbatore District ... Respondent (Cr.No. 341 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.341 of 2025 on the file of respondent police. For Petitioners : Mr.T.Balaji 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 08.07.2025, for the offences punishable under Section 103 of BNS Act, 2023 in Crime No.341 of 2025 on the file of respondent police, seeks bail. 1/4

2. The case of the prosecution is that the defacto complainant, who is the father of the deceased, had lodged a complaint before the respondent police stating that his deceased son was doing milk business. Due to previous enmity between A1 and deceased, A1 to A3 conspired and went to place of occurrence, attacked the deceased indiscriminately using knife and committed murder. 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 no way connected with the alleged offence however, he is suffering incarceration from 08.07.2025. 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. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that this is a second bail application and this Court, by order dated 21.08.2025, dismissed the earlier bail petition in Crl.O.P.No.22716 of 2025 due to the reason that the investigation is at preliminary stage. He further submits that investigation in this case is still pending and there is no change of 2/4

circumstances in this case. Hence, he strongly opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances of the case , taking note of the submission made by the learned Government Advocate (Criminal Side), considering the fact that this is a 2nd bail application and there is no change of circumstances in this case, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 17.09.2025 nr To

1. The Judicial Magistrate, Mettupalayam.

2. The Inspector of Police, Karamadai Police Station Coimbatore District

3. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

nr Crl.O.P.No.25542 of 2025 17.09.2025 4/4