Sangeethkumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD).No.5086 of 2025 Sangeethkumar ... Petitioner/ Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Alanganallur Police Station, Madurai District.
Crime No.67 of 2025.
... Respondent/Complainant For Petitioner :
Mr.R.Karunanithi Advocate For Respondent :
Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.67 of 2025 on the file of the RespondentPolice. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 18.03.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant pre-arrest bail.
2. The petitioner / A1, apprehends arrest at the hands of the respondentPolice for the offence punishable under Sections 296(b), 118(1) and 351(3) of
Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.67 of 2025, on the file of the respondent police, seeks bail.
3. The case of the prosecution is that on 17.02.2025, defacto complainant, petitioner and other accused persons were drinking alcohol together near the village cremation ground. During the gathering, argument broke out one point of time. The petitioner herein and other accused persons were attacked the defacto complainant with liquor bottle and also stabbed with knife. Hence, the case.
4. Mr.R.Karunanithi, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore 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 the defacto complainant has sustained grievous injuries and the injured was admitted in the hospital on 17.02.2025 and discharged on 25.02.2025. He further submits that there is one previous case pending against the petitioner. He further submits that the investigation of the case is pending and hence, he strongly opposes to grant prearrest bail to the petitioner.
6. Heard both sides and perused the records.
7. In view of the nature of the injury sustained by defacto complainant, the
weapon used and the fact that the weapon is yet to be recovered from the petitioner and also considering the previous bad antecedents of petitioner, this Court is of the view that the custodial interrogation of the petitioner is necessary. Hence, this Court is not inclined to grant pre-arrest bail to the petitioner.
8. Accordingly, this Criminal Original Petition is dismissed. Sd/- 20.03.2025 // True Copy // /04/2025 Sub Assistant Registrar (CS - I/II/III/IV) Madurai Bench of Madras High Court, Madurai.
TRP TO 1 THE INSPECTOR OF POLICE, ALANGANALLUR POLICE STATION, MADURAI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.5086 of 2025 Date :20/03/2025 RS (17/04/2025) 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.