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Madras High CourtCRL OP(MD)/2121/2025dismissed

Savari Raj @ Savari Raj Prabhakaran v. The State Of Tamilnadu

2025-02-04Honourable Mr.Justice R.Sakthivel4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Savari Raj @ Savari Raj Prabhakaran ... Petitioner/Accused Rank Not known Vs The State of Tamilnadu, Rep by the Inspector of Police, Srivaikundam Police Station, Thoothukudi District, Crime No.380 of 2024.

... Respondent/Complainant For Petitioner : M.S.Jeyakarthik, Advocate.

For Respondent : Mr.R.Meenaskshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.380 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 30.01.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail. 1/4

2. The petitioner / accused rank not known, who was arrested and remanded to judicial custody on 18.12.2024 for the alleged offences punishable under Sections 126 (2), 131, 296(b), 308(4), 351(3) BNS and Section 3 of The Tamil Nadu Public Property ( Prevention of Destruction and Loss) Act, 1982, in Crime No.380 of 2024, on the file of the respondent police, seeks bail.

3. The case of the prosecution is that on 18.12.2024 at about 4.00 pm, while the defacto complainant was riding his Two-Wheeler, the petitioner herein and other accused persons in the drunkenmood intercepted the defacto complainant and demanded money. While refusing the same, the petitioner and other accused persons took the cell-phone of the defacto complainant and caused damages by throwing the same. They also abused the defacto complainant in filthy language and also threatened with dire consequences. Hence, the complaint.

4. Mr.M.S.Jeyakarthik, learned counsel appearing for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submits that the petitioner has been in judicial custody from 18.12.2024 and seeks bail.

5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent Police, submits that the petitioner herein 2/4

has 19 previous cases in similar nature and the investigation is yet to be completed. Hence, he opposes the grant of bail to the petitioner.

6. Heard both sides and perused the records.

7. The petitioner has 19 previous cases. In view of the antecedents of the petitioner, this Court is of the view that if the petitioner is released on bail, he will commit the similar nature of offence again and thereby, cause much trouble to the general public. Hence, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, 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, SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT, 2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

IN CRL OP(MD) No.2121 of 2025 Date :04/02/2025 SS/SKN/SAR. /24.02.2025/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4