Nathan v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.29785 of 2025 Nathan ... Petitioner Vs.

State represented by The Inspector of Police, Kadambathur Police Station, Thiruvallur District.

... Respondent (Cr.No.135 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 Cr.No.135 of 2025 on the file of the respondent police. For Petitioner : Mr.K.Elumalai 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 01.09.2025 for the alleged offence under Sections191(2), 191(3), 103 of 1/5

BNS r/w Section 3(a) of Explosive Substance Act and 25(1)(a) of Arms Act in Crime No.135 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is ranked as A4. He, joining hands with A1 and others, who are the gang members of A1, due to group rivalry, waylaid the deceased and attacked him indiscriminately using knives and other weapons, thereby committing murder. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner, who is ranked as A4, has no previous criminal antecedents and that he has been arrested solely based on a confession statement. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner had a specific overt act of attacking the deceased with a knife and causing fatal injuries on his head, due to which the deceased succumbed to 2/5

death. He further submitted that the motive for the occurrence was group rivalry and that several cases have already been registered against these groups. Since the investigation in this case has been completed, he vehemently opposed the grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, the specific overt act attributed to the petitioner, the motive that it is group rivalry, and the fact that several cases have already been registered against the rival groups, though the investigation in this case has been concluded, I am not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed. 03.11.2025 Vv To 3/5

1. The Judicial Magistrate-II, Thiruvallur.

2. The Inspector of Police, Kadambathur Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

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