Seeninathan @ Seeni v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL
1. Seeninathan @ Seeni, S/o Mookaiah, No. 3/18 Villanethal, Kamuthi Taluk, Ramanathapuram District.
2. Muthuvalivittan @ Jamal, S/o Sanmugam, Kidathirukkai, Muthukulathur Taluk, Ramanathapuram.
... Petitioners /Accused Nos.7 & 9 in Crl.O.P. (MD).No.2797 of 2025 Ajey, S/o.Selvaraj, NO.14/70, Semmamadam, Rameshwaram, Ramamathapuram District.
... Petitioner /Accused No.10 in Crl.O.P. (MD).No.2832 of 2025 1/5
Vs The State of Tamil Nadu, Represented by the Inspector of Police, Manamadurai Police Station, Sivagangai District.
Crime No.485/2024.
... Respondent/Complainant in both petitions In Crl.O.P.(MD).No.2797 of 2025 For Petitioners : Mr.R.Balamuruganantham, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor In Crl.O.P.(MD).No.2832 of 2025 For Petitioner : Mr.K.Suyambulingabharathi, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS COMMON PRAYER :- For Bail in Crime No.485 of 2024 on the file of the respondent-police.
COMMON ORDER : The Court made the following common order :- These Criminal Original Petitions have been filed by the petitioners on 12.02.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant an order of bail.
2. The petitioners were arrested and remanded to judicial custody on 13.12.2024 and 14.12.2024 respectively for the offences punishable under Sections 61(2), 115(2), 2/5
127(2), 140(1), 103(1) and 238 of the Bharatiya Nyaya Sanhita, (BNS), 2023 in Crime No.485 of 2024 on the file of the respondent-Police.
3. The case of the prosecution is that due to previous motive, on 10.12.2024, Accused Nos.1 to 3 along with the other accused persons strangled the deceased causing death. Accused Nos.1 to 3 voluntarily surrendered before the respondent Police on 12.12.2024 and based on their confession, Accused No.10 was arrested and remanded to judicial custody on 14.12.2024. Hence, the case.
4. Both Mr.R.Balamuruganantham, learned counsel appearing for the petitioners in Crl.O.P.(MD).No.2797 of 2025 and Mr.K.Suyamlingabharathi, learned counsel appearing for the petitioner in Crl.O.P.(MD).No.2832 of 2025, submit that the petitioners have nothing to do with the alleged offence. They further submit that the petitioners have been falsely implicated in this case. They however submit that the petitioners are ready to abide by any conditions to be imposed by this Court. They further submit that the petitioners have been in incarceration since 13.12.2024 and 14.12.2024 respectively. Therefore, they pray for granting bail to the petitioners.
5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-Police, submits that there are totally thirteen accused persons involved in this case. He further submits that if the petitioners are released on bail, they may cause threat to the family of the deceased and tamper with the 3/5
evidence. Hence, he prays for dismissal of this petition.
6. Considering the facts and circumstances of the case and considering the overt act attributed against the petitioners and considering the nature of offence committed by the petitioners, this Court is of the view that if the petitioners are enlarged on bail, they will cause threat to the family of the deceased and tamper with the evidence. Hence, this Court is not inclined to grant bail to the petitioners.
7. Accordingly, these Criminal Original Petitions stand dismissed. sd/- 14/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT.
2 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
ORDER
IN Date :14/02/2025 SA/SKN/SAR. /25.02.2025/5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5