Senthil Raj Kumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 23.04.2025 Pronounced on : 08.05.2025 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL and CRL.MP(MD).No.1707 of 2025 Senthil Raj Kumar ... Petitioner / Accused No.6 Vs.

The State of Tamil Nadu rep by The Inspector of Police, District Crime Branch, Virudhunagar District.

(Crime No.10 of 2024) ... Respondent / Complainant PRAYER :- The Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the petitioner in Crime No.10 of 2024 on the file of the respondent-police. For Petitioner :

Mr.M.Jegadeesh Pandian, Advocate For Respondent :

Mr.R.Meenakshi Sundaram, Additional Public Prosecutor For Intervener :

Mr.J.Jeyakumaran, Advocate 1/4

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 28.01.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. When the matter was taken up for hearing today, Mr.M.Jegadeesh Pandian, the learned counsel for the petitioner, submitted that the petitioner had filed Crl.O.P.(MD) No.4009 of 2025 before the Co-ordinate Bench of this Court, seeking to quash the FIR in Crime No.10 of 2024 on the file of the respondent-police, and the said petition was allowed. The relevant portion of the order is extracted hereunder: "8. This Court carefully perused all the materials. On perusal of the First Information Report and other records it is seen in the last line of the complaint and the First Information Report wherein the defacto complainant stated that A1 to A5 conspired together and the Sub Registrar and document writer had abetted to commit the offence. Apart from this there is no allegation as against this petitioner.

Therefore without any material including the name of the petitioner in the First Information Report without any specific allegation , registering the First Information Report is abuse of process of law. There are no averments to constitute the offence as per the contents of First Information Report, therefore the pending First Information Report is liable to be quashed as against this petitioner.

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9. ........

10. .......

11. In view of the above the Criminal Original Petition stands allowed and the First Information Report in Crime No.10 of 2024 on the file of the first respondent police is hereby quashed as against this petitioner. Consequently connected miscellaneous petition stands closed."

3. In view of the above, the petitioner has no reasonable apprehension of arrest at the hands of the respondent-police. Hence, this Criminal Original Petition is closed. Consequently, Crl.MP(MD).No.1707 of 2025 in Crl.OP(MD).No.1877 of 2025 filed by the intervener is also closed.

sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pal To 1.The Inspector of Police, District Crime Branch, Virudhunagar District.

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2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.1877 of 2025 Date :08/05/2025 MK/SAR /15.05.2025 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4