M.Sakthivel v. State Of Tamil Nadu Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.12.2025 CORAM :
THE HON'BLE MR. JUSTICE K. RAJASEKAR M.Sakthivel ... Petitioner in Crl.OP.No.33707/2025 K.Balamanikandan ... Petitioner in Crl.OP.No.33828/2025 Raman @ Ramu @ Ramamoorthy ... Petitioner in Crl.OP.No.34579/2025 -VsState Rep by, The Inspector of Police, Dharapuram Police Station, Tiruppur.
(Crime No.371 of 2025) ... Respondent in all Crl.OPs Common Prayer:- Criminal Original Petitions filed under Section 483 of BNSS Act, 2023, pleased to enlarge the petitioners on bail in Crime No.19 of 2025 on the file of the respondent police.
For Petitioners :
Mr.M.Dinesh Hari Sudarsan (in all Crl.OPs) For Respondent :
Mr.A.Gopinath Government Advocate (Crl.Side) (in all Crl.OPs.) For Intervener : Mr.Henri Tiphagne (in all Crl.Ops.) 1/6
COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 11.08.2025, for the offence punishable under Sections 191(2), 191(3), 103(1), 109(1), 351(3) of BNS Act, 2023 @ 3(5), 49, 61(2), 111(2), 191(2), 191(3), 103(1), 109(1), 249 and 351(3) of BNS Act, 2023 @ 3(5), 49, 61(2), 190, 191(2), 191(3), 103(1), 109(1), 309(3), 351(3), 111(2), 111(3), 238(a), 249(a) of BNS r/w 92(b) of Rights of Persons with Disabilities Act, 2016 and 27(1), 25(1) (a) of Arms Act, 1959 in Crime No. 371 of 2025, registered on the file of the respondent, seek bail.
2. The allegation against the petitioners is that they are arrayed as A18 / M. Sakthivel, A19 / K. Balamanikandan, and A20 / Raman @ Ramu @ Ramamoorthy. It is alleged that they participated in a criminal conspiracy hatched on 14.06.2025 for the purpose of murdering the deceased in this case, over a previous enmity between prime accused A1, A2 and deceased. According to the prosecution, the conspiracy took place at a tea shop, where the petitioners allegedly met the other accused. It is further alleged that a sum of Rs.30 lakhs was fixed as consideration for engaging hirelings and also for murdering the deceased. Subsequently, an advance amount of Rs.5 lakhs was allegedly paid in the presence of A18. It is also alleged that one of the hirelings, who collected the said amount, actively participated in the occurrence and attacked the deceased. 2/6
3. Learned counsel appearing for the petitioners submitted that the petitioners are alleged to be persons having connections with a political party, and it is alleged that they had participated in the conspiracy and however there is no overt act against the petitioners in attacking the deceased. He further submitted that, except for the alleged confession statements, there is no material available on record to connect the petitioners with the alleged crime. He further submitted that the petitioners are in judicial custody since 11.08.2025. Hence, he prays to grant bail to the petitioners.
4. Learned counsel appearing for the intervener submitted that the gravity of the offence in the present case has to be taken into account while considering the bail petition. He further submitted that the petitioners hail from different districts and that they are the main persons who allegedly connected the hirelings with A1 and A2 in the case. It is further submitted that if the petitioners are granted bail, it would hamper the trial process. Hence, he prayed for dismissal of the bail petition.
5. Learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that there are totally 20 accused in the present case and that the petitioners are arrayed as A18, A19, and A20 respectively. He further submitted that the petitioners directly participated in the conspiracy, pursuant to which, a sum of Rs.30 lakhs was fixed, out of which a sum of Rs.15 lakhs was 3/6
agreed to be paid to the petitioners, and a further sum of Rs.5 lakhs was paid in the presence of A18.
(i) He further submitted that two groups were engaged for the purpose of murdering the deceased: the first group for a sum of Rs.70 lakhs and the second group for a sum of Rs.30 lakhs. He also submitted that there are witnesses to speak about having seen the accused during the conspiracy. In this regard, L.Ws.14, 15, and 16 have specifically spoken about the conspiracy. He further submitted that there are several witnesses to speak about the call detail records (CDR), which connect the petitioners herein with the main accused, namely A1 to A3. Since sufficient materials have been placed before this Court, he prayed for dismissal of the bail petition.
6. This Court, on perusal of the FIR and other connected materials, it is seen that the present case is a pre-planned and executed murder. The materials on record disclose that the offence arose out of prior enmity developed by A1 to A3 on account of the murder of the father of deceased some years ago. Though it is stated that the petitioners were not directly involved in the actual commission of the offence, the materials placed, prima facie connect the petitioners with A1 to A3 in the alleged conspiracy. It is also borne out from the records that a sum of Rs.5 lakhs was paid towards the commission of the 4/6
offence. Except few accused all the other accused who have played major role in conspiracy and commission of offence are still in custody. This Court has also dismissed the bail application of co-accused though final report is filed. Having regard to the gravity of the offence and the materials available on record, this Court is not inclined to grant bail to the petitioners.
7. Accordingly, the Criminal Original Petition is dismissed. 17.12.2025 drl To
1. The Inspector of Police, Dharapuram Police Station, Tiruppur.
2.The Public Prosecutor, High Court, Madras.
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K. RAJASEKAR, J.
drl (2/2) 17.12.2025 6/6