Baseer Ahamed v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Baseer Ahamed ... Petitioner/Accused No.2 Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, Thanjavur TIW Police Station, (Crime No.112 of 2024).

... Respondent/Complainant For Petitioner : Mr.Raja Karthikeyan Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 112 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 1/4

under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail.

2. The petitioner / accused No.2 was arrested and remanded to judicial custody on 25.02.2025, for the alleged offences punishable under Sections 281, 106(1) of BNS, 2023 @ 281, 106(1), 318(2), 318(3), 336(3), 336(4), 339, 341(1), 341(2) of BNS, 2023 in Crime No.112 of 2024, on the file of the respondent-police.

3. The case of the prosecution is that on 02.08.2024 at about 4.15 p.m., A1 drove a Bolero Pickup vehicle belongs to A2 with fake registration No.TN 58AU 5220 and caused an accident, in which, the son of the defacto complainant died. Hence, the case.

4. Mr.Raja Karthikeyan, 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 25.02.2025. 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 the investigation of the case is in initial stage 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 and 2/4

therefore, he prays for dismissal of this petition.

6. Heard both sides and perused the records.

7. Considering the fact that the investigation of the case is in nascent stage and that the offence committed by the petitioner is serious in nature, this Court is of the view that if the bail is granted to the petitioner, he may abscond and try to erase the evidence and thereby, delay the investigation. Hence, this Court is not inclined to grant bail to the petitioner at this stage.

8. Accordingly, this Criminal Original Petition is dismissed. sd/- 26/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE INSPECTOR OF POLICE THANJAVUR TIW POLICE STATION, THANJAVUR.

2 THE OFFICER INCHARGE SUB-JAIL, THANJAVUR.

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

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ORDER

IN CRL OP(MD) No.5585 of 2025 Date :26/03/2025 HPS/SAR / 15.04.2025/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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