Davidraja v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Davidraja ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Panagudi Police Station, Tirunelveli District.
In Crime No.225/2025..
... Respondent/Complainant For Petitioner : Mr.Sorimuthu.V, Advocate.
For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.225/2025 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 petitioner on 03.04.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of pre-arrest bail.
2. The petitioner /Accused No.1, 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 the Bharatiya Nyaya Sanhita (BNS), 2023, r/w 3 of TNPPDL Act, in Crime No.225 of 2025 on the file of the respondent-Police.
3. The case of the prosecution is that on 05.03.2025, at about 01.00 p.m.,due to the previous motive, the petitioner and other accused conspired together and abused the defato complainant in filthy language and also attacked him with iron rod causing injury. The petitioner and other accused persons also threatened him with dire consequences and also damaged the CCTV camera of the defacto complainant's house. Hence, the complaint.
4. Mr.V.Sorimuthu, learned counsel appearing for the petitioner submitted 2/5
that in order to wreck vengeance on the petitioner, the defacto complainant lodged a false complaint against the petitioner. He would further submit the petitioner has nothing to do with the alleged offence. He would further submit that he is ready to abide by any stringent conditions that may be imposed by this Court.
5. Mr.K.Sanjai Gandhi, learned Government Advocate (crl. Side) appearing for the respondent Police submits that there are five previous cases pending against the petitioner. He further submits that if pre-arrest bail is granted to the petitioner, he will threaten the defacto complainant and witnesses. He further submits that the defacto complainant was admitted in the hospital on 05.03.2025 and discharged on 07.03.2025. Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. Considering the nature of offence and taking note of previous cases against the petitioner, this Court is of the view that if pre-arrest bail is granted, the petitioner may abscond or commit a similar offence. Hence, this Court is not inclined to grant pre-arrest bail to the petitioner. 3/5
8. Accordingly, this Criminal Original Petition stands dismissed. Sd/- 17/04/2025 / 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, Panagudi Police Station, Tirunelveli District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1. CC to SORIMUTHU.V Advocate SR.No.4445 dt 21.04.2025
ORDER
IN CRL OP(MD) No.6406 of 2025 Date :17/04/2025 4/5
RK (13/05/2025) 5 P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5