Shanmugam @ Shanmuganathan v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-11-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.30149 of 2025 Shanmugam @ Shanmuganathan ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, H-6, Dr. Radhakrishnan Nagar Police Station, Chennai District.

(Crime No.762 of 2023) ... 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.464 of 2024 on the file of the learned X Additional Sessions Judge at Chennai in connection with Crime No.762 of 2023 on the file of the respondent.

For Petitioner(s) :

Mr. A. Samson For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 22.08.2025 based on execution of NBW dated 17.07.2025 in S.C.No.464 of 2024 on the file of the learned X Additional Sessions Judge at Chennai for the offences under Sections 342, 302 and 506(ii) of IPC registered in Crime No.762 of 2023 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.464 of 2024 and due to his ill health, he was unable to appear before the Trial Court on 17.07.2025, a NBW was issued as against the petitioner and subsequently, he was arrested on 22.08.2025. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

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 2/4

NBW was issued and subsequently, he was arrested. He further submitted that there are totally four accused in this case and the petitioner is arrayed as A1, who is an habitual offender and has 17 previous cases, out of which 8 cases are disposed of and the petitioner is a history sheeter. He also submitted that the case is posted for hearing on 12.11.2025 and the Trial is progressing.

4.

Considering the facts of the case, the previous antecedents of the petitioner, 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 To

1. The X Additional Sessions Judge, Chennai.

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K. RAJASEKAR, J.

stn

2. The Inspector of Police, H-6, Dr. Radhakrishnan Nagar Police Station, Chennai District.

(Crime No.762 of 2023)

3. The Public Prosecutor, High Court of Madras.

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