K.Parthiban v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL 1.K.Parthiban 2.P.Ayyanar ... Petitioners Vs The State of Tamil Nadu, Rep by the Inspector of Police, Melur Police Station, Madurai District.

Crime No.90 of 2025 ... Respondent/Complainant For Petitioners :

Mr.A.B.Jeeva For Respondent :

Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.90 of 2025 on the file of the respondent-police. ORDER : The Court made the following order :- 1/3

This Criminal Original Petition has been filed by the petitioners on 27.02.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioners apprehend arrest at the hands of the respondent-police for the offences punishable under Sections 303(2) of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.90 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 16.02.2025, between 11.50 p.m., and 12.00 a.m., some unknown persons have stolen 2 sheep from the defacto complainant's farm and the same was also recorded in the CCTV Camera. Hence, the case.

4. Mr.A.B.Jeeva, learned counsel appearing for the petitioners submits that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. He however submits that the petitioners are ready to abide by any conditions to be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioners.

5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.Side) appearing for the respondent-police, submits that the petitioners have two previous cases and therefore, he prays to dismiss this Criminal Original Petition. 2/3

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

7. The petitioners have two previous cases. The stolen sheep have not been recovered till date. Considering the facts and circumstances, this Court is of the view that the custodial interrogation of the petitioners is necessary in this case. Hence, this Court is not inclined to grant pre-arrest bail to the petitioners. Accordingly, the Criminal Original Petition is dismissed.

sd/- 14/03/2025 / TRUE COPY / /04/2025 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, MELUR POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.3950 of 2025 Date :14/03/2025 HPS/SAR / 03.04.2025/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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