Sathish @Satheesh v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.02.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Sathish @ Satheesh ... Petitioner/Accused No.3 Vs The State of Tamilnadu, Rep.By the Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.
Crime No.220 of 2022 ... Respondent/Complainant For Petitioner : Mr.D.Rajaboopathy For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No.220 of 2022 on the file of the respondentpolice. 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 1/4
bail.
2. The petitioner / accused no.3 was arrested and remanded to judicial custody on 30.11.2024 for the alleged offences punishable under Sections 302 and 380 of Indian Penal Code, 1860 in Crime No.220 of 2022 on the file of the respondent-police.
3. The case of the prosecution is that on 16.07.2022, at about 06.00 p.m., one Rukmani contacted the defacto complainant and informed that bad odour is coming from the house of the defacto complainant's sister and brother-in-law. At about 07.00 p.m., on the same day, when the defacto complainant went to the place and opened the house, he found his sister and brother-in-law lying dead. Hence the case.
4. Mr.D.Rajaboopathy, the learned counsel appearing for the petitioner submits that the petitioner was not involved in the offence alleged by the prosecution. However, the respondent-Police falsely roped the petitioner in the said crime. He further submits that if bail is granted to the petitioner, he is ready to abide by any condition to be imposed by this Court. He therefore prays to grant bail to the petitioner.
5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutor appearing for the respondent-police, submits that A1 and A2 trespassed into the house of the deceased and murdered the husband and wife. After commission of offence, A3 entered into the house and robed a sum of Rs.40,500/-. A1 2/4
is involved in another case. Based on the confession given by A1, A3 was arrested. Investigation has been completed and the respondent-Police is going to file charge sheet shortly. The petitioner has two previous cases related to the offences punishable under Section 341 of Indian Penal Code, 1860. Considering the gravity of offence, if the petitioner is released on bail, he will cause threat to the eye witnesses and other witnesses and thereby, delay the trial proceedings. Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. Considering the overt act of the petitioner and also considering the nature of offence allegedly committed by the petitioner, this Court is of the view that if the petitioner is released on bail, he will cause threat to the eye witnesses and other witnesses and thereby, delay the trial proceedings. Therefore, this Court is not inclined to grant bail.
8. Accordingly, this Criminal Original Petition is dismissed. 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.
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MBI TO 1 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
2 THE INSPECTOR OF POLICE, RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.2726 of 2025 Date :13/02/2025 SA/GSV/SAR. /28.02.2025/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4