Ranjith Kumar @ Ranjith v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Ranjith Kumar @ Ranjith ... Petitioner/Accused No.11 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Munnirpallam Police Station, Tirunelveli.

Crime No.118 of 2013.

... Respondent/Complainant For Petitioner : Mr.B.Micheal Sebastin Advocate For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No.118 of 2013 on the file of the respondent-police. ORDER : The Court made the following order :- 1/5

This Criminal Original Petition has been filed by the petitioner on 21.03.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail.

2. The petitioner/Accused No.11 was arrested on the basis of Non Bailable Warrant issued against him and remanded to judicial custody on 01.08.2022. The charge sheet has been filed against the petitioner, and the same was taken on file by the learned III Additional District Judge, Tirunelveli in S.C.No.22 of 2023 for the alleged offences punishable under Sections 120B, 147, 148, 341, 302 and 149 of IPC, 1860 in connection with Crime No.118 of 2013, on the file of the respondent-police. Since the petitioner has not appeared before the Trial Court, Non-Bailable Warrant was issued against him in P.R.C.No.28 of 2014 on 21.04.2022, and the same was executed on 01.08.2022.

3. The case of the prosecution is that due to previous enmity, on 04.03.2013, the petitioner and other accused person assaulted the brother of the defacto complainant with aruval, causing grievous injuries. The defacto complainant's brother succumbed to the injuries. Hence, the case.

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4. Mr.B.Micheal Sebastin, the learned counsel appearing for the petitioner, submits that this is the tenth bail application filed by the petitioner. He further submits that the petitioner is an innocent person and that he has not committed any offence as alleged by the prosecution. He further submits that due to the life threat, the petitioner was unable to appear before the Trial Court on 21.04.2022. As a result, a Non-Bailable Warrant was issued, and the petitioner was arrested on 01.08.2022. He further submits that the petitioner has been in judicial custody since 01.08.2022, and that he is ready to abide by any conditions that may 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 totally, there are 13 accused persons in this case and that the petitioner/A11 and A1 are inside the prison. He further submits that in S.C.No.22 of 2023, prosecution side witnesses were examined and the examination of the prosecution side witnesses was closed on 20.02.2025 and that the case is posted for further examination of the defence side witnesses. He further submits that at this stage, if this Court grants bail to the petitioner, the trial proceedings may be delayed. Accordingly, he prays to dismiss this Criminal Original Petition.

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6. Heard on both sides. This Court has perused the records and E-Courts website.

7. It is noted that the prosecution side witnesses P.W.1 to P.W.26 were examined and the examination of prosecution side witnesses was closed on 20.02.2025. The examination of witnesses under Section 348 of Bharatiya Nagarik Suraksha Sanhita, 2023 was also over on 07.03.2025. Now, the case is posted for further examination of defence side witnesses. Hence, this Court is of the view that at this stage, if bail is granted to the petitioner, he may abscond and thereby, delay the trial proceedings. Therefore, this Court is not inclined to enlarge the petitioner on bail.

8. Accordingly, this Criminal Original Petition stands dismissed. sd/- 25/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE INSPECTOR OF POLICE, MUNNIRPALLAM POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN Date :25/03/2025 HPS/SAR / 23.04.2025/5P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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