Mani @ Manikandan v. The State By, The S.I Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-11-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.30129 of 2025 Mani @ Manikandan ... Petitioner/ A2 Vs The State rep. by, The Sub-Inspector of Police, E4 Abiramapuram Police Station, Chennai.

(Crime No.759 of 2021) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in S.C.No.336 of 2023 on the file of the learned XVII Additional District and Sessions Court at Chennai in connection with Crime No.759 of 2021 on the file of the respondent.

For Petitioner(s) :

Mr. D. Selvan For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.08.2025 based on execution of NBW dated 23.07.2025 in S.C.No.336 of 2023 on the file of the learned XVII Additional District and Sessions Court at Chennai for the offences under Section 302 r/w. 34 and 201 of IPC registered in Crime No.759 of 2021 on the file of the respondent, seeks bail.

2.

The learned counsel appearing for the petitioner submitted that originally the petitioner was earlier arrested and released on bail and was regularly appearing before the Trial Court for the case in S.C.No.336 of 2023 and since he was arrested in connection with another case, he was unable to appear before the Trial Court on 23.07.2025, hence a NBW was issued as against the petitioner and subsequently, he was arrested on 20.08.2025. He further submitted that the co-accused/A5 was already enlarged on bail by this Court, vide order dated 28.10.2025 in Crl.O.P.No.29236 of 2025 and the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

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3.

The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner submitted that since the petitioner failed to appear before the Trial Court on hearing, a NBW was issued and subsequently, he was arrested. He further submitted that there are totally six accused involved in this case and the petitioner is arrayed as A2, who is an habitual offender and has 15 previous cases, including two murder cases. He also submitted that there are totally 26 witnesses in this case and the case is posted on 12.11.2025 for examination of L.W.7 to L.W.14 and the Trial is progressing. 4.

Considering the facts of the case, the previous and subsequent antecedents of the petitioner, who had involved in two other murder cases, taking note of the fact that the trial has commenced and if the petitioner is enlarged on bail, there is a possibility of hampering of trial process, hence this Court is not inclined to grant bail to the petitioner at this stage. 5.

Accordingly, this criminal original petition stands dismissed. 05.11.2025 stn 3/4

K. RAJASEKAR, J.

stn To

1. The XVII Additional District and Sessions Judge, Chennai.

2. The Sub-Inspector of Police, E4 Abiramapuram Police Station, Chennai.

(Crime No.759 of 2021)

3. The Public Prosecutor, High Court of Madras.

CRL OP NO.30129 of 2025 05.11.2025 4/4