Rajadurai v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.02.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Rajadurai ... Petitioner/Rank not known Vs The State of Tamilnadu, Rep.By the Inspector of Police, Sivagangai Town Police Station, Sivagangai District.
Crime No.846 of 2024 ... Respondent/Complainant For Petitioner :
Mr.G.R.Sathish For Respondent :
Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No.846 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 17.02.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.
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2. The petitioner / accused (rank not known) was arrested and remanded to judicial custody on 26.12.2024 for the alleged offences punishable under Sections 191 (2), 191(3), 118(1), 109 and 103 of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998 in Crime No.846 of 2024 on the file of the respondent-police.
3. The case of the prosecution is that on 19.12.2024, at about 08.00 p.m., when the defacto complainant was returning home along with her son after closing the flower shop, near Melavaniyamkudi, five unknown accused persons came in a car and murdered her son by using Sickle and other deadly weapons and also assaulted the defacto complainant, due to which she sustained grievous injury. Hence the case.
4. Mr.G.R.Sathish, the learned counsel appearing for the petitioner submits the petitioner has been falsely implicated in this case. The petitioner did not commit any offence as alleged by the prosecution. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays to grant bail to the petitioner.
5. Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioner and other accused persons committed the grave offence of murdering the defacto complainant's son. He further submits that the investigation is at initial stage and A1 is still at large. He also 2/4
submits that if the petitioner is enlarged on bail, he will abscond and also cause threat to the defacto complainant and her family members. Therefore, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. The offences allegedly committed by the petitioner and others are grave in nature. A1 is still at large. Investigation is in a nascent stage. This Court is of the considered view that, at this stage of investigation, if bail is granted to the petitioner, the petitioner may cause threat to the witnesses and tamper with the evidence, thereby delay the trial proceedings. Hence, this Court is not inclined to grant bail to the petitioner at this stage of investigation. Accordingly, this Criminal Original Petition is dismissed.
sd/- 19/02/2025 / 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, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT 2 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.
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3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.3120 of 2025 Date :19/02/2025 RS/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