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Madras High CourtCRL OP(MD)/2069/2025dismissed

Ramesh v. The State Of Tamil Nadu

2025-02-04Honourable Mr.Justice R.Sakthivel5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Ramesh ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

(Crime No. 379/2024.) ... Respondent/Complainant For Petitioner :

M/s.T.Indrachithu, Advocate.

For Respondent :

Mr.R,Meenakshi Sundaram, Additional Public Prosecutor PRAYER :- For Bail in Crime No.379 of 2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 29.01.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.

2. The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 24.11.2024 for the alleged offences under Sections 103(1), 305(a) of BNS Act @ 332(a), 103(1), 305(a), 317(5) of BNS, 2023 in Crime No.379 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, the deceased Jeevarathinamammal, the mother-in-law of the defacto complainant was under the maintenance of her and on 24.11.2024 at about 8.00 am she came to know that the deceased Jeevarathinamammal was lying with unconscious in her house situated at Rajapalayam, Thiruvalluvar Nagar. She and others had lifted her and kept in the cot, she found that the deceased was already died and found mark on her neck and also injuries on her right forehead and the jewels worth about Rs.4,35,000/- which she wore were also missing. Hence, she gave a complaint before the respondent police station. During the investigation it reveals that the petitioner and other accused murdered the deceased.

3. Mr.T.Indirachitu, learned counsel appearing for the petitioner would 2/5

submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his names have been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 24.11.2024 and seeks bail.

4. Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent Police would submit that totally four accused involved in this case and the petitioner herein is arrayed as A2. He would further submit the petitioner herein with the help of the other accused viz.,, A1 and A3 committed the murder of the deceased and robbed the jewels weighing about 28 3⁄4 sovereigns and now, the jewels were recovered from A4, who is the wife of A1. He would further submit that the petitioner herein is having two previous cases under the Prohibition Act. Further, he would submit that the investigation is not yet completed and hence, he does oppose to grant bail to the petitioner.

5. Heard both sides and perused the records.

6. Petitioner has two previous cases. In view of the antecedents of the petitioner, if the petitioner is released on bail, he will threat the witnesses and thereby delay the investigation. In view of the nature and manner of the offence allegedly committed by the petitioner, this Court is of the considered view that if bail is granted to the petitioner, he will cause threat to the witnesses and there is 3/5

every possibility for delaying the investigation. Hence, this Court is not inclined to grant bail to the petitioner.

7. In the result, this Criminal Original Petition is dismissed. sd/- 04/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP To 1.The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

2.The Officer Incharge, Virudhunagar District Jail, Virudhunagar.

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

ORDER

IN CRL OP(MD) No.2069 of 2025 Date :04/02/2025 4/5

ED/ SKN /SAR- 2 (19/02/2025) 5P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5