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Madras High CourtCRL OP(MD)/5583/2025dismissed

Yogaraja v. The State Of Tamilnadu Rep. By

2025-03-26Honourable Mr.Justice R.Sakthivel3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.5583 of 2025 Yogaraja ... Petitioner/Accused Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

(Crime No. 555 of 2024).

... Respondent/Complainant For Petitioner :

Mr.D.S. Haroon Rasheed For Respondent :

Mr.K.Sanjai Gandhi Government Advocate (Crl. side) PRAYER :- For Bail in Crime No. 555 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 24.03.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail.

2. The petitioner / sole accused was arrested and remanded to judicial custody on 21.02.2025, for the alleged offences punishable under Sections 326(g) of BNS,

2023, in Crime No.555 of 2024, on the file of the respondent-police.

3. The case of the prosecution is that on 29.12.2024 at about 1.30 am., the petitioner herein by using petron set fire on the defacto complainant's vehicle bearing Regn.No.TN 69 V 5025, which was parked in front of defacto complainant's house. Hence, the case.

4. Mr.D.S.Haroon Rasheed, learned counsel appearing for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submits that the petitioner has been judicial custody since 21.02.2025. Accordingly, he prays to grant bail to this petitioner.

5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. side) appearing for the respondent-Police, submits that there are 8 previous cases pending against the petitioner. He further submits that the petitioner is a History Sheeted Rowdy and the damage caused is worth about Rs.15,000/- . He further submits that investigation of the case is pending and therefore, at this stage, if the petitioner is released on bail, he may abscond and cause threat to the defacto complainant and other witnesses. Hence, he prays for dismissal of this petition.

6. Heard both sides and perused the records.

7. Considering the facts and circumstances of the case and also considering the bad antecedents of the petitioner, this Court is of the view that if the bail is granted to the petitioner, he may abscond and cause threat to the defacto

complainant and his family members. Further, investigation of the case is not yet completed and hence, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition is dismissed. Sd/- 26.03.2025 // 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, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

2 THE OFFICER INCHARGE, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.5583 of 2025 Date :26/03/2025 RS (17/04/2025) 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.