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Madras High CourtCRL A/1620/2025dismissed

Iyanar @ Thaadiiyanar @ Rajadurai v. The State Rep By, The Superintendent Of Police,

2025-11-21Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-11-2025

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Iyanar @ Thaadiiyanar @ Rajadurai S/o.Selvam, 21, Madukarai Main Road, VTC - Karkalampakkam, POKarikalampakkam, Pondicherry District-605 007.

..Appellant(s) Vs 1.The State Rep by, The Superintendent of Police,PCR Cell, Puducherry, Puducherry District.

2.The Station House Officer, Mangalam Police Station, Puducherry.

Cr.No.117/2025.

3.Sakthipriyan S/o.Sakthivel, Main Road, Perungalurpet, Villianur Commune, Mangalam, Puducherry.

..Respondent(s) To set aside the order passed by the Honble II-Additional Sessions Judge at Puducherry in Crl.M.P.No1/2025 dated 23.09.2025 and enlarge the appellant on bail in Spl.SC No.20/2025 in Cr.No.117/2024 on the file of the 2nd respondent herein.

For Appellant(s):

Mr.Swamisubramanian For Respondent(s):

Mr.M.V.Ramachandramorthy Addl. Public Prosecutor (puducherry) For R1 And R2 R3 - no appearance __________Page 1 of 4

ORDER

This Criminal Appeal has been filed challenging the order passed by II Addl. Sessions Judge at Puducherry in Crl.M.P.No.1 of 2025 dated 23.09.2025, in Spl.S.C.No. 20 of 2025, thereby dismissing the petition for bail filed by the appellant.

2.Heard the learned counsel appearing for the appellant and the learned Public Prosecutor (Pundy) for the respondents 1 and 2 and perused the materials placed before this Court. Despite service of notice, there is no representation on the side of 3rd respondent.

3.The appellant is arrayed as 1st accused in Crime No.117 of 2025 on the file of the second respondent, registered for the offences punishable under Sections 191(3), 109, 115(2), 118(1), 118(2), 126(2), 310, 311 of B.N.S. and Sec. 3(1)(r)(s) and 3(2)(v) of Scheduled Case/Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The learned counsel for appellant would submit that he was not even present on the date of alleged occurrence and he has been falsely implicated in this case. He would submit that he has not committed any offence as alleged in the complaint and he is ready to abide any condition that may be imposed by this court. He would submit that he is in judicial custody from 03.09.2025 for more than two months. Accordingly, he prayed for granting of bail.

3. The learned Addl. Public Prosecutor appearing for respondents 1 and 2 raised objections stating that due to previous enmity, this petitioner had instigated the other accused to commit murder of victim with deadly weapons and the charge sheet was also filed. He would submit that there are 19 previous cases pending against him.

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6.After registration of FIR as against the appellant, the appellant was arrested and remanded to judicial custody on 03.09.2025. Thereafter, he had filed a bail application before the II Addl. Sessions Judge, Puducherry in Crl.M.P.No.1 of 2025 and the same was dismissed. Hence, the appellant filed the present appeal seeking bail.

7. On seeing the facts, it reveals that due to previous enmity, the petitioner instigated the other accused attacked the victim with deadly weapons and now charge sheet was also filed, besides 19 previous cases pending against him. Due to the said incident, the victim's right leg was amputated and also sustained other grievous injuries. If he is released on bail, he would tamper the witness and hamper the investigation. So, on seeing the gravity of offence committed by the appellant, this Court is not inclined to grant bail to the appellant. Accordingly, this Criminal Appeal is dismissed. 21-11-2025 Index: Yes/No Speaking/Non-speaking order RPP To

1. II Addl. Sessions Judge, Puducherry.

2. The Superintendent of Police, PCR Cell, Puducherry, Puducherry District.

3. The Station House Officer,Mangalam Police Station, Puducherry.

4. The Public Prosecutor, High Court, Madras. __________Page 3 of 4

T.V.THAMILSELVI J.

RPP 21-11-2025 __________Page 4 of 4