Sebastin v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.02.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Sebastin ... Petitioner/Accused Rank Not Known Vs The State of Tamilnadu, Rep.By the Inspector of Police, Town West Police Station, Thanjavur District.

Crime No.41 of 2025 ... Respondent/Complainant For Petitioner : Mr.R.L.Dhilipan Pandian For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No.41 of 2025 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 13.02.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail. 1/4

2. The petitioner / accused was arrested and remanded to judicial custody on 02.02.2025 for the alleged offences punishable under Sections 118(1), 296(b) and 351

(3) of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.41 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 19.01.2025, at about 08.00 p.m., the petitioner has quarrelled with the defacto-complainant on his denial of giving cigarette and caused injury to him by assaulting him with wooden log. Hence the case.

4. Mr.R.L.Dhilipan Pandian, the learned counsel appearing for the petitioner submits that a false case has been foisted against the petitioner and he did not commit any offence as alleged by the prosecution. The petitioner has been in judicial custody from 02.02.2025. 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 the petitioner is sole accused in this case. The injured was admitted in the Hospital on 19.01.2025 and discharged on 24.01.2025. The petitioner has 10 previous cases. Therefore, he prays to dismiss this Criminal Original Petition.

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

7. The petitioner was arrested on 02.02.2025. Investigation is at nascent stage. 2/4

The injured was admitted in the Hospital on 19.01.2025 and discharged on 24.01.2025. The petitioner has 10 previous cases. Considering the antecedents of the petitioner, this Court is of the view that at this stage of investigation, if bail is granted to the petitioner, he will cause threat to the defacto complainant and others. Considering the same and also considering the cumulative circumstances, this Court is not inclined to grant bail to the petitioner, at this stage of investigation.

8. Accordingly, this Criminal Original Petition is dismissed. sd/- 17/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO 1 THE INSPECTOR OF POLICE, TOWN WEST POLICE STATION, THANJAVUR DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR, THANJAVUR DISTRICT.

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

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ORDER

IN CRL OP(MD) No.2936 of 2025 Date :17/02/2025 SA/SKN/SAR. /05.03.2025/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4