Mariappan v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Mariappan ... Petitioner/Accused Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, V.K.Puram Police Station, Thirunelveli District.
(Crime No. 758 of 2024).
... Respondent/Complainant For Petitioner : Mr.S.Kasirajan, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 758 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 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an 1/4
order of pre-arrest bail.
2. The petitioner apprehends arrest at the hands of the respondent Police for the offences punishable under Section 310 (2) and 312 of Bharatiya Nyaya Sanhita, 2023 in Crime No.758 of 2024 on the file of the respondent police
3. The case of the prosecution is that on 23.12.2024 at about 9.30 p.m., when the defacto-complainant and his younger brother were standing at V.K.Puram, the petitioner and other accused came near to the defacto-complainant and demanded money for consuming liquor. When the same was refused, the accused persons attacked the defacto-complainant with wooden rod and took Rs.2,000/- from his pocket. Hence, this case.
4. Mr.S.Kasirajan, learned counsel appearing for the petitioner submitted that the petitioner has nothing to do with the alleged offence. He further submitted that the petitioner has been falsely implicated in this case. He further submitted that the petitioner is arrayed as Accused No.5 and Accused Nos.1 and 4 were already arrested and released on bail. Hence, he prays to grant an order of pre-arrest bail.
5. Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that Accused Nos.1 and 4 were released on bail. He further submitted that there is one previous case as against the petitioner in similar nature. He further submitted that custodial interrogation is required in this case. 2/4
Hence, he prays to dismiss this Criminal Original Petition.
6. The petitioner has one previous case in similar nature and if this Court grants pre-arrest bail to the petitioner, it will cause nuisance to the society and he will repeatedly indulge in similar types of offences. Taking into consideration the facts and circumstances of the case, considering the nature of the offence allegedly committed by the petitioner and considering the fact that custodial interrogation is required in this case, this Court is of the view that granting an order of pre-arrest bail would likely result in committing similar offence by the petitioner.
7. Therefore, this Court is not inclined to grant pre-arrest bail to the petitioner and hence, this Criminal Original Petition stands dismissed. sd/- 03/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
APD TO 1 THE INSPECTOR OF POLICE, V.K.PURAM POLICE STATION, THIRUNELVELI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.2166 of 2025 Date :03/02/2025 SA/SKN/SAR. /19.02.2025/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4