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Madras High CourtCRL OP/28175/2025dismissed

Stephenraj v. State Rep By The Inspector Of Police

2025-10-15Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.28175 of 2025 Stephenraj .. Petitioner Vs.

State represented by Inspector of Police, Thirumuruganpoondi Police Station, Tiruppur Dt.

(Crime No.216 of 2025) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to call for the records and enlarge the petitioner on bail connected in PRC No.26/2025 on the file of Judicial Magistrate, Avinashi For Petitioner :

Mr.S.Manoj Vasanth For Respondent :

Mr.A.Gopinath, Govt. Advocate (Crl. Side)

O R D E R

The petitioner was arrested and remanded to judicial custody on 07.05.2025. He is an accused in PRC No.26/2025 on the file of Judicial Magistrate, Avinashi for the alleged offence under Section 296(b), 126(2), 351(3) and 103(1) of BNS in Crime No.216 of 2025 on the file of the respondent police, seeks bail.

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2. The case of prosecution is that defacto complainant is paternal uncle of deceased. Due to previous enmity, the petitioner along with other accused said to have brutally attacked the paternal uncle of defacto complainant, thereby he sustained serious injuries and died. Hence, the complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner submitted that there is no specific overtact attributed against the petitioner and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than three months from 07.05.2025. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, 3 accused involved in this case and the petitioner is arrayed as A1 in this case. He would submit that due to 2/4

previous enmity, A1 to A3 conspired together and brutally attacked the deceased, wherein he sustained injuries and died. He would also submit that there are 18 previous cases pending against him and if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is not yet completed. He further submitted that this Court has dismissed the earlier bail application filed by the petitioner in Crl.O.P.No.24652 of 2025 dated 10.09.2025. Hence, he would vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances and on considering the gravity of offence committed by the petitioner and on seeing the facts, they have brutally attacked deceased with deadly weapons, thereby the deceased sustained injuries and died and on seeing his bad antecedents of having 18 previous cases pending against him. The earlier bail application filed by the petitioner in Crl.O.P.No.24652 of 2025 dated 10.09.2025 was dismissed on merits and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

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smn K. RAJASEKAR, J.

smn To 1.The Judicial Magistrate, Avinashi.

2.The Inspector of Police, Thirumuruganpoondi Police Station, Tiruppur Dt.

3.The Public Prosecutor, High Court, Madras Crl.O.P. No.28175 of 2025 15.10.2025 4/4