Prabu Devan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Prabu Devan ... Petitioner -VsState Rep by, The Inspector of Police, Kariyalur Police Station, Kallakurichi District.

(Crime No.184 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in Crime No.184 of 2025 pending on the file of the respondent police.

For Petitioner :

Mr.R.Prabudoss For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.09.2025, for the alleged offence punishable under Sections 296(b), 115(2), 118(1) & 103 of BNS, in Crime No.184 of 2025, on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that on 23.09.2025 at 5.00 p.m, the brother-in-law of the defacto complainant along with one Kumar were proceeding in a bike, near Erukkampattu Village, the 1st petitioner drove his car in rash and negligent manner. When they questioned about the same, the 1st petitioner abused them in filthy language. In furtherance at 8.00 p.m., the 1st petitioner came to the police of the defacto complainant, assaulted her husband Aandi on his head by using axe and caused fatal injury. Hence, the complaint.

3. Earlier this Court dismissed the bail petition in Crl.OP.No.28509 of 2025, by order dated 17.10.2025 for the first petitioner, on the ground that the major allegation is only against A1 and that the investigation is still pending.

4. Today, when the matter was taken up for hearing the learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody from 26.09.2025 and that the co-accused was released on bail by this Court. Hence, he prays to grant of bail to the petitioner.

5. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the co-accused/A2 & A3 were released on bail on the ground that there is no specific overt act against him. He further submitted that the petitioner is ranked as A1 and that he is the person who attacked the deceased and committed the murder. The investigation 2/5

is still pending, and there is no change in circumstances. It is also submitted that the petitioner's earlier bail application was dismissed on 17.10.2025. However, he opposes to grant bail to the petitioner.

6. Heard both sides and perused the materials available on record including the First Information Report.

7. Considering the fact that the earlier bail application was dismissed by this Court on 07.10.2025 for the first petitioner, the investigation is still pending, and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition is dismissed. 21.11.2025 drl To 1.The Inspector of Police, Kariyalur Police Station, Kallakurichi District.

2.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

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