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Madras High CourtCRL OP/26534/2025dismissed

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

2025-10-08Honourable Mr.Justice K.Rajasekar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.26534 of 2025 1.Muruganantham 2.Sudharsan 3.Sasikumar ... Petitioners Crl.O.P.No.26574 of 2025 1.Sundaran 2.Ram 3.Nagarajan ... Petitioners Crl.O.P.No.27262 of 2025 D.Karthikeyan ... Petitioner Vs.

The State of Tamil Nadu Rep. By, The Inspector of Police, Dharapuram Police Station, Tiruppur District.

Crime No.371 of 2025 ... Respondent in all Crl.O.Ps'

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COMMON PRAYER : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.371 of 2025 on the file of the respondent police.

Crl.O.P.No.26534 & 26574 of 2025 For petitioners :

Mr.S.Ashok Kumar, Senior Advocate for Mr.P.Palaninathan For Intervener :

Mr.Raghuraman For Respondent :

Mr.A.Gopinath, Government Advocate (Criminal Side) Crl.O.P.No.27262 of 2025 For petitioner :

Mr.John Sathyan Senior Advocate for Mr.C.S.Saravanan For Intervener :

Mr.Raghuraman For Respondent :

Mr.A.Gopinath, Government Advocate (Criminal Side) C O M M O N O R D E R The 1st petitioners and 2nd and 3rd petitioners in Crl.O.P.No.26534 of 2025 were arrested and remanded to judicial custody on 03.08.2025 and 2/8

02.08.2025 respectively for the offence punishable under Sections 191(2), 191(3), 103(1), 109(1) and 351(3) of BNS and now altered for the offence under Sections 3(5), 61(2), 111(2), 191(2), 191(3), 103(1), 109(1) and 351(3) of BNS, Act, in Crime No.371 of 2025, registered on the file of the respondent, seeks bail.

2. The petitioners in Crl.O.P.No.26574 of 2025 were arrested and remanded to judicial custody on 28.07.2025 for the offence punishable under Sections 191(2), 191(3), 103(1), 109(1) and 351(3) of BNS and now altered for the offence under Sections 3(5), 61(2), 111(2), 191(2), 191(3), 103(1), 109(1) and 351(3) of BNS, Act, in Crime No.371 of 2025, registered on the file of the respondent, seeks bail.

3. The petitioner in Crl.O.P.No.27262 of 2025 was arrested and remanded to judicial custody on 28.07.2025 for the offence punishable under Sections 191(2), 191(3), 103(1), 109(1) and 351(3) of BNS Act 2023 [Sections 146, 147, 148, 302, 307, 503, 506, 507 of IPC 45 of 1960] in Crime No.371 of 2025, registered on the file of the respondent, seeks bail. 3/8

4. The case of the prosecution is that there was previous enmity between the deceased and A1, Dhandapani, who was the paternal uncle of the deceased. The deceased had instituted various legal proceedings against A1 and his family members and also against schools run by them alleging several violations. He obtained orders from this Court for a survey and measurement of the school properties to note any such violations. The survey was fixed for 28.07.2025 at about 1 p.m., and accordingly the deceased, who is an Advocate, together with other persons, proceeded to the place of occurrence. It is alleged that prior to the survey a conspiracy was hatched by A1 and A18, with the assistance of A8 and others, and that an amount of Rs.20 lakhs was agreed upon for the purpose of eliminating the deceased.

Thereafter, A10 and A12 and other accused were picked up in the school van, brought to the school, and concealed there while waiting for the arrival of the deceased and his driver. On arrival, the deceased and his friend were immediately attacked by the accused; the deceased was murdered on the spot and the friend who accompanied him was also indiscriminately assaulted. Hence, the present complaint.

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5. Learned counsel for the petitioners in Crl.O.P.Nos.26574 & 26534 of 2025 submitted that the petitioners/A4, A5, A6, A8, A10 and A12 have been wrongly implicated in this case based on confession statements of some of the accused. It is contended that the petitioners only assisted certain accused to reach the place of occurrence and, after the occurrence, helped them to leave the scene. Learned counsel further submitted that the petitioners do not have adverse antecedents and that they have been in custody since 02.08.2025, 03.08.2025 and 28.07.2025 respectively. Hence, he prayed for grant of bail.

6. Learned counsel for the petitioner in Crl.O.P.No.27262 of 2025 submitted that the petitioner, A18 is the son of A1 and has been falsely implicated on the basis of confession recorded from A1. He pointed out that A18 is not mentioned in the first two confessions and is implicated only in the third confession. Hence, he prayed for grant of bail.

7. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally 20 accused and they have been arrested. It is submitted that the petitioners/A4, A5 and A6 in 5/8

Crl.O.P.No.26574 of 2025 participated directly in the occurrence. The first petitioner used an iron rod, while petitioners 2 and 3 used an aruval and indiscriminately attacked the deceased and the persons accompanying him. It is further submitted that the petitioners/A8, A10, A12 and A18 in Crl.O.P.Nos.26534 & 27262 of 2025 assisted the accused to reach the spot and fled the place after the commission of the offence. It is also stated that A8 is participated in conspiracy with A1, that a sum of Rs.20 lakhs had been fixed for committing the murder and that the accused acted pursuant to the said conspiracy. The investigation is still pending at a preliminary stage. Hence, he strongly opposed for grant of bail.

8. Considering the allegations that the petitioners acted pursuant to a conspiracy and attacked the deceased, who had come to participate in a Court ordered survey, and taking into account that the deceased was an Advocate and that two other persons accompanied him were badly assaulted, resulting in death of one person, there is the real prospect of tampering with evidence and intimidating witnesses, this Court is not inclined to grant bail at this stage.

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9. Accordingly, these criminal original petitions stand dismissed. 08.10.2025 cda To 1.The Inspector of Police, Dharapuram Police Station, Tiruppur District.

2.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

cda 08.10.2025 8/8