N.Kumaresan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL N.Kumaresan ... Petitioner/A1 Vs The State of Tamilnadu, rep., by the Sub Inspector of Police, Appanthirupathi Police Station, Madurai District.
Crime No.13 of 2025 ... Respondent/Complainant For Petitioner : Mr.M.Chandrabose, 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.13 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 31.01.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita praying to grant an order of pre-arrest bail.
2. The petitioner/A1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 329(4), 296(b), 118(1), 381(3), 49 and 324(2) of BNS Act in Crime No.13 of 2025 on the file of the respondent-police.
3. The case of prosecution is that the defacto complainant and A2 are husband and wife. At the instigation of A2, on 26.01.2025 at about 11.00 a.m., the petitioner, with whom A2 had relationship outside of marriage, along with other accused persons entered into the defacto complainant's house and damaged household articles worth about Rs.2 Lakhs and attacked the defacto complainant and his workers. The defacto complainant sustained head injury. Hence, the case.
4. Mr.M.Chandrabose, learned counsel appearing for petitioner, submits that 2/5
the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant pre-arrest bail to the petitioner.
5. Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side) appearing for respondent-police, submits that in this case, there are totally 5 accused persons. The defacto complainant's wife/A2 had a relationship outside of marriage with the petitioner/A1 and at the instigation of A2, the accused persons damaged the defacto complainant's household articles and attacked him and his workers. Further he submits that the petitioner has four previous cases, out of which, two cases were disposed of and two case are pending, out of two pending cases, one is under NDPS Act.
6. Heard on both sides. This Court has perused the records.
7. Considering the fact that the petitioner has four previous cases, out of which, two cases were disposed of and two cases are pending and also considering the antecedents of the petitioner and nature of the allegation levelled against him, this Court is not inclined to grant pre-arrest bail to the petitioner for the reason that if the 3/5
petitioner is granted pre-arrest bail, he will cause threat to the defacto complainant and commit similar offence against the defacto complainant. Hence, this Criminal Original Petition is dismissed.
sd/- 07/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
Rmk To 1.The Sub Inspector of Police, Appanthirupathi Police Station, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.2215 of 2025 Date :07/02/2025 4/5
RK/SKN (21/02/2025) 5P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5