Kottaisamy v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.02.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Kottaisamy ... Petitioner/Accused no.6 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Ammayanaickanur Police Station, Dindigul District.
Crime No.230 of 2024 ... Respondent/Complainant For Petitioner :
Mr.S.Muniyandi For Respondent :
Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.230 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 18.02.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant an order of pre-arrest bail.
1/4
2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 178, 180, 181 and 182 of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.230 of 2024 on the file of the respondent-police. This is the third pre-arrest bail application of the petitioner.
3. The case of the prosecution is that, based on information, on 25.08.2024, the respondent-Police conducted a raid on Dindugal - Madurai Road. While so, the petitioner and other accused persons were standing in front of a car bearing Registration No.TN 59 DA 6993. On seeing the respondent-Police, the petitioner ran away from the place of occurrence and though other accused persons attempted to run away, they were surrounded by the respondent-Police and all of them were arrested at the place of occurrence. On investigation, the respondent-Police found that the accused persons are printing and circulating counterfeit currency. Cannon Printer, Boiling Paper Machine and Rs.9,400/- of counterfeit currency notes were seized by the respondent-Police. Hence, the case.
4. Mr.S.Muniyandi, learned counsel appearing for the petitioner, submits that the petitioner has been arrayed as an accused based on the confession of the coaccused. He further submits that the petitioner did not commit any offence as alleged 2/4
by the prosecution, and he has been falsely implicated in this case. He further submits that till date, the respondent-Police did not arrest the petitioner and the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioner.
5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.Side) appearing for the respondent-police, submits that this is the third pre-arrest bail petition and that there are no changes in circumstances. He further submits that the petitioner has five previous cases. He further submits that in view of the facts and circumstances of the case, custodial interrogation of the petitioner is necessary to unearth the truth. Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. Initially, this petitioner filed a pre-arrest bail application in Crl.O.P.(MD) No.16483 of 2024 and the same was dismissed on 03.10.2024. Once again, the petitioner made a pre-arrest bail application in Crl.O.P.(MD)No.19430 of 2024 and the same was also dismissed by this Court on 11.11.2024 on the ground that there are no changes in circumstances. This is the third pre-arrest bail application. Even now, 3/4
there are no changes in circumstances. Therefore, this Court is of the view that custodial interrogation of the petitioner is necessary in this case to unearth the truth. This Court is not inclined to grant pre-arrest bail to the petitioner. Hence, the 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.
MBI TO 1 THE INSPECTOR OF POLICE, AMMAYANAICKANUR POLICE STATION, DINDIGUL DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.3171 of 2025 Date :20/02/2025 SA/SKN/SAR. /10.03.2025/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4