Karthick @ Karthick Kumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Karthick @ Karthick Kumar, ... Petitioner/Accused No.3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Pandalgudi Police Station, Virudhunagar District.
In Crime No.141/2024..
... Respondent/Complainant For Petitioner : Mr.S.Srikanth, Advocate.
For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.141/2024 on the file of the respondent-Police. 1/5
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 03.04.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.25 of 2025 on the file of the respondentpolice.
3. The case of the prosecution is that on 09.12.2024, at about 03.00 p.m., the defacto complainant is an advocate practicing at Aruppukottai. He along with his friend and others went to the respondent police station for some other purpose. While returning, the petitioner and other accused persons called the defacto complainant through cell phone and asked him to wait at a tea shop in order to return a sum of Rs.3,000/-. When they arrived, the petitioner and other accused persons abused the defacto complainant in filthy language and also attacked him by using sickle and stone. Hence, the case.
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4. Mr.S.Srikanth, learned counsel appearing for the petitioner submits that the petitioner did not commit 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. Hence, he prays for grant of pre-arrest bail to the petitioner.
5. Per contra, Mr.S.S.Manoj, learned Government Advocate (Crl.Side) appearing for the respondent-police, submits that the petitioner has eight previous cases and he is a history sheeter and therefore, if pre-arrest bail is granted to the petitioner, he will commit the similar offence. He further submits that this is the third pre-arrest bail application filed by the petitioner and the earlier pre-arrest bail applications filed by the petitioner in Crl.O.P.(MD).Nos.22256 of 2024 and 1595 of 2025 stands dismissed vide orders dated 17.12.2024 and 28.01.2025 respectively. Therefore, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. It is stated that the petitioner has four eight cases and history sheeter. 3/5
Therefore, it appears that the petitioner is a habitual offender. Furthermore, considering the nature of the offence and considering the dismissal of the petitioners' earlier pre-arrest bail applications in Crl.O.P.(MD).Nos.22256 of 2024 and 1595 of 2025, vide orders dated 17.12.2024 and 28.01.2025 respectively, and taking note of the fact that there is no change in circumstances, this Court holds that the successive pre-arrest bail petition is not maintainable. Hence, the Court is not inclined to grant pre-arrest bail to the petitioners.
8. Accordingly, this Criminal Original Petition is dismissed. sd/- 09/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
vsg TO 1.The Inspector of Police, Pandalgudi Police Station, Virudhunagar District.
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2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.6419 of 2025 Date :09/04/2025 VN/29.05.2025 5P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5