Anantharaj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Anantharaj ... Petitioner/A1 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Town East Police Station, Thanjavur District.

Crime No 29/2025.

... Respondent/Complainant For Petitioner : Mr. R.L. Dhilipan Pandian Advocate.

For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No. 29 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 18.02.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.

1/4

2. The petitioner / A1 was arrested and remanded to judicial custody on 28.01.2025 for the alleged offences punishable under Sections 75(1)(c) of TNCP Act and 25(1-A) of Arms Act, in Crime No.29 of 2025, on the file of the respondent-police, seeks bail.

3. The case of the prosecution is that on 28.01.2025, the petitioner herein along with other accused person, was found in possession of deadly weapons, specifically a 79 cm sickle, with the intent to threaten the public and demand money. Hence, the case.

4. Mr. R.L.Dhilipan Pandian, learned counsel appearing for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against the petitioner. He further submits that co-accused person has already been granted bail by this Court vide order dated 05.02.2025 made in Crl.O.P(MD).No.2265 of 2025. He further submits that the petitioner has been in judicial custody since 28.01.2025. Accordingly, he prays to grant bail to the petitioner.

5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. side) appearing for the respondent-Police, submits that it is the second bail petition of the petitioner and the earlier petition filed by the petitioner was dismissed by this Court vide order dated 05.02.2025, in Crl.O.P(MD).No.2265 of 2025 while granting bail to 2/4

A2 on the ground that 19 previous cases are pending against the petitioner. He further submits that if the petitioner is released on bail, he may commit similar type of offence and cause threat to the defacto complainant and witnesses. Hence, he prays for dismissal of this petition.

6. Heard both sides and perused the records.

7. The petitioner has also 19 previous cases. This Court is of the view that at the stage of investigation, if the petitioner is released on bail, he may cause threat to the witnesses and the defacto complainant, thereby, delay the investigation. It is settled law that without any change of circumstances, the second bail is not maintainable. There is no change in circumstances of the case after dismissal of the earlier petition as against the petitioner on 05.02.2025. Therefore, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition is dismissed. sd/- 20/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 3/4

TO 1 THE INSPECTOR OF POLICE, TOWN EAST 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.

ORDER

IN CRL OP(MD) No.3185 of 2025 Date :20/02/2025 SS/SKN/SAR- /07/03/2025/ 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4