Velladurai 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 Velladurai ... Petitioner/Sole Accused Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, Karivalamvantha Nallur Police Station, Thenkasi District.

(Crime No.201 of 2021). ... Respondent/Complainant For Petitioner : Mr.D. Rajaboopathy For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl. side) PRAYER :- For Bail in Crime No. 201 of 2021 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 02.10.2024, for the alleged offences punishable under Sections 376, 511, 1/4

394, 354A, 34 IPC and Section 4 of TNPHW Act, 2002 in S.C.No.340 of 2024 on the file of the learned Principal District Judge, Tenkasi, Tenkasi District in Crime No.201 of 2021, on the file of the respondent-police.

3. The case of the prosecution is that due to non-appearance of the petitioner before the trial Court, Non Bailable Warrant issued against him on 04.03.2024 and the same was executed on 02.10.2024.

4. Mr.D.Rajaboopathy, learned counsel appearing for the petitioner, submits that when the case was posted for hearing on 04.03.2024, the petitioner did not appear before the trial Court, hence, Non Bailable Warrant issued 04.03.2024 and the same was executed on 02.10.2024. He further submits that the petitioner was not aware of the date of hearing and hence, he was not able to appear before the trial Court. He further submits that the petitioner has been judicial custody since 02.10.2024. 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 3 previous cases pending against the petitioner. He further submits that in this case totally 18 witnesses and the Investigating Officer is going to be examined on 02.04.2025 and at this stage, if the petitioner is released on bail, he may abscond and cause threat to the defacto complainant and delay the trial proceedings and also cause threat to the defacto 2/4

complainant and other witnesses. Hence, he prays for dismissal of this petition.

6. Heard both sides and perused the records.

7. It is learnt that the case is posted on 02.04.2025 for the purpose of examination of the Investigating Officer. Considering the bad antecedents of the petitioner and the stage of the trial, the apprehension raised by the learned Government Advocate (Crl. side) is reasonable and acceptable. 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 / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE INSPECTOR OF POLICE, KARIVALAMVANTHA NALLUR POLICE STATION, THENKASI DISTRICT.

2.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.

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

ORDER

IN CRL OP(MD) No.5586 of 2025 Date :26/03/2025 PR/28.05 .2025 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4