Chinnadurai v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.02.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Chinnadurai ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep.By the Inspector of Police, Puliyampatti Police Station, Thoothukudi District.

Crime No.25 of 2024 ... Respondent/Complainant For Petitioner : Mr.K.K.Samy, Advocate For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No.25 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 10.02.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.

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2. The petitioner / sole accused was arrested and remanded to judicial custody on 24.06.2024 for the alleged offence punishable under Section 302 of Indian Penal Code, 1860 in Crime No.25 of 2024 on the file of the respondent-police.

3. The case of the prosecution is that on 24.06.2024, at about 06.30 a.m., the petitioner herein dashed the victim with a Tata Sumo Car and murdered him. The petitioner is the son of the victim. Since the petitioner did not provide basic necessities to his father / victim, his father has sold his land and deposited the amount in favour of him. Due to the same, the petitioner has murdered his father. Hence the case.

4. Mr.K.K.Samy, the learned counsel appearing for the petitioner, submits that a false case has been foisted against the petitioner and the petitioner did not commit any offence as alleged by the prosecution. He further submits that the defacto complainant is the petitioner's sister and, with a view to frame the petitioner in this crime, she fabricated the entire story. He further submits that the petitioner has been in judicial custody since 24.06.2024. He therefore prays to grant bail to the petitioner.

5. Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutor appearing for the respondent-police, submits that the deceased who was 65 years old, is none other than the petitioner's father and the petitioner has murdered his own father. The petitioner has two previous cases, out of which, one is under Section 302 2/5

of the Indian Penal Code, 1860. He further submits that in the present case, investigation has been completed, charge sheet was filed and the case is now posted to 25.02.2025 for fixing a date for trial. He therefore, prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. The petitioner / accused is none other than the son of the deceased / victim. According to the learned Additional Public Prosecutor, investigation has been completed in this case, charge sheet was filed and the case stands posted to 25.02.2025 for fixing a date for trial. Considering the antecedent of the petitioner for the offence punishable under Section 302 of the Indian Penal Code, 1860, this Court is of the view that though charge sheet has been filed in this case, if the petitioner is released on bail, there is much possibility of him absconding and causing threat to the eyewitnesses, other witnesses and defacto complainant, thereby, delaying the trial proceedings. There is also much possibility of committing similar offence. In the facts and circumstances, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition is dismissed.

9. Considering the facts and circumstances of this case, this Court directs the learned II Additional District & Sessions Judge, Thoothukudi to conclude the trial as early as possible in an expeditious manner. The prosecuting agency as well as the 3/5

petitioner herein are directed to co-operate with the learned II Additional District & Sessions Judge, Thoothukudi for expeditious disposal of the trial. sd/- 13/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO 1 THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, THOOTHUKUDI.

2 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.

3 THE INSPECTOR OF POLICE, PULIYAMPATTI POLICE STATION, THOOTHUKUDI DISTRICT.

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

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ORDER IN CRL OP(MD) No.2708 of 2025 Date :13/02/2025 SA/SKN/SAR. /26.02.2025/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5