Selvakumar 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 Selvakumar ... Petitioner/Accused No.3 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Thuvakkudi Police Station, Trichy District.
Crime No.20 of 2025.
... Respondent/Complainant For Petitioner : Mr.G.Karuppasamypandian For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023 PRAYER :- For bail in Crime No.20 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 03.03.2025 1/4
under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.
2. The petitioner/A3 was arrested and remanded to judicial custody on 21.01.2025 for the alleged offences punishable under Sections 296(b) and 109 of Bharatiya Nyaya Sanhita, 2023 @ Sections 296(b) and 103(1) of Bharatiya Nyaya Sanhita, 2023, in Crime No.20 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that there was a dispute regarding money transaction between the deceased and A1. On 19.01.2025, when the Mohamed Sheriff/deceased went to the house of A1, A1 and his brother/A2 assaulted the deceased with sword. Due to the injuries, he died on 21.01.2025. Based on the confession of A1, the petitioner has been arrayed as A3. Hence, the case.
4. Mr.G.Karuppasamypandian, the learned counsel appearing for the petitioner, submits that the petitioner is an innocent person and he has not committed the offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated in this case. He further submits that the petitioner has been in judicial custody since 21.01.2025 and he is ready to abide by any conditions to be imposed by this Court. 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 and other 2/4
accused persons assaulted the deceased and due to the injuries, he died on 21.01.2025. He further submits that the investigation is yet to be completed and the petitioner has four previous cases. He further submits that the petitioner is the mastermind behind the offence and that one of the accused is still absconding. He further submits that if this Court grants bail to the petitioner, he may also abscond and cause a threat to the defacto complainant and other witnesses, and delay the proceedings. Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. The investigation is yet to be completed. The petitioner has four previous cases. In view of the bad antecedents of the petitioner, this Court is of the view that if this Court grants bail to the petitioner, he will cause threat to the defacto complainant and other witnesses and thereby, delay the proceedings. Hence, the further custody of the petitioner is necessary in this case.
8. Therefore, this Court is not inclined to grant bail to the petitioner, at this stage of investigation and hence, this Criminal Original Petition stands dismissed.
sd/- 14/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
3/4
apd TO 1 THE INSPECTOR OF POLICE, THUVAKKUDI POLICE STATION, TRICHY.
2 THE SUPERINTENDENT CENTRAL JAIL, TRICHY 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :14/03/2025 HPS/SAR / 26.03.2025/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
4/4