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Madras High CourtCRL OP(MD)/6408/2025dismissed

E.Marimuthu v. The State Of Tamilnadu

2025-04-07Honourable Mr.Justice R.Sakthivel5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL

1. E.Marimuthu,

2. E.Palpandi, .. Petitioners/Accused Nos.1 & 2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Srivilliputtur Town Police Station, Virudhunagar District.

Crime No.126/2025..

... Respondent/Complainant For Petitioner : Mr. Dineshpandi.T, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.126/2025 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 petitioners on 03.04.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of bail.

2. The petitioners / Accused Nos.1 and 2 were arrested and remanded to judicial custody on 04.03.2025 for the offences punishable under Sections 109(1), 118 (1), 296(b) and 333 of Bharatiya Nyaya Sanhita 2023, r/w 4 of TNPHW Act, in Crime No.126 of 2025, on the file of the respondent-police.

3. The case of the prosecution is that, on 04.03.2025, at about 01.30 a.m., the petitioners knocked on the door of the defacto complainant's house. When the defacto complainant opened the door, at that time, the petitioner pushed the door open and trespassed into the house of the defacto complainant. Thereafter, the petitioners abused the defacto complainant and her son in filthy language and also assaulted the defacto complainant's son by using knife on his head and causing head and shoulder injuries. Thereafter, the injured was taken to the Srivilliputtur Government Hospital for treatment. Hence, the case. 2/5

4. Mr.T.Dineshpandi, the learned counsel for the petitioners, submits that the petitioners are innocent persons and that they have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He further submits that the petitioners have been in judicial custody since 04.03.2025. He, however, submits that the petitioners are ready to abide by any conditions that may be imposed by this Court. He further submits that if bail is granted to the petitioners, they will not abscond and co-operate with the investigation proceedings. He therefore prays to grant bail to the petitioners.

5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioners trespassed into the defacto complainant's house and attacked her son with knife and caused grievous head injuries. He further submits that the injured was admitted in the hospital on 04.03.2025 and discharged on 11.04.2025. He further submits that the first petitioner has three previous cases, out of which, one is similar in nature. The second petitioner has one previous case, which is similar in nature. He further submits that if bail is granted to the petitioners, they may cause threat to the defacto complainant and the witnesses. Accordingly, he prays to dismiss this Criminal 3/5

Original Petition.

6. Heard on both sides. This Court has perused the records.

7. Considering the facts and circumstances of the case and considering the fact that the petitioners were arrested on 04.03.2025 and have been in judicial custody since then and in view of the offence allegedly committed by the petitioners and the fact that the defacto complainant's son got grievous head injuries and the first petitioner has three previous cases, out of which, one is similar in nature and the second petitioner has one previous case of similar in nature, at this stage, if bail is granted to the petitioners, they may abscond and thereby, cause threat to the defacto complainant and witnesses. Hence, this Court is not inclined to grant bail to the petitioner.

8. In the result, this criminal original petition stands dismissed. sd/- 07/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

vsg 4/5

TO 1.THE INSPECTOR OF POLICE, SRIVILLIPUTTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

2. THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.6408 of 2025 Date :07/04/2025 VN/16.05.2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5