Perinbarajan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP (MD) Nos.6509 & 6541 of 2025 Perinbarajan ... Petitioner/Accused No.6 Vs The State of Tamilnadu Rep. by the Inspector of Police, Sathankulam Police Station, Thoothukudi District.

Crime No.55 of 2025 ... Respondent/Complainant Crl.O.P.(MD).No.6541 of 2025 1.Semaraj @ Samraj 2.Valanarasu ... Petitioners/Accused Nos.2 & Vs The State of Tamilnadu Rep. by the Inspector of Police, Sathankulam Police Station, Thoothukudi District.

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Crime No.55 of 2025 ... Respondent/Complainant In both petitions For Petitioners : Mr.R.Mathava Selvam, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side) PETITIONS FOR BAIL Under Sec.483 of BNSS, 2023 COMMON PRAYER :- For Bail in Crime No.55 of 2025 on the file of the respondent-police. COMMON ORDER : The Court made the following common order :- These Criminal Original Petitions have been filed by the petitioners on 04.04.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of bail.

2. The petitioners / Accused Nos.2, 5 and 6 were arrested and remanded to judicial custody on 13.03.2025 for the offences punishable under Sections 191(2), 191 (3), 296(b), 115(2), 109, 351(3) and 3(5) of BNS, 2023, in Crime No.55 of 2025 on the file of the respondent-police.

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3. The case of the prosecution is that, on 12.03.2025 at about 12.00 p.m., due to previous enmity between the petitioners and the defacto complainant, the petitioners along with other accused persons unlawfully assembled with deadly weapons and abused the defacto complainant with filthy language and attacked him with iron rod and attempted to murder him and also made criminally intimidated him. Hence, the case.

4. Mr.R.Mathava Selvam, 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 13.03.2025. 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.K.Sanjai Gandhi, learned Government Advocate (Criminal side) appearing for the respondent-police, submits that due to previous motive, the 3/6

petitioners along with other accused persons attacked the defacto complainant with iron rod and caused grievous injuries. He further submits that the injured was admitted in the hospital on 11.03.2025 and discharged on 27.03.2025. He further submits that there is no previous case pending against the petitioners. He further submits that the investigation has not yet been completed. He further submits that if bail is granted to the petitioners, they may abscond and thereby cause delay in the investigation proceedings. He further submits that if bail is granted to the petitioners, he may cause threat to the defacto complainant and the witnesses. Accordingly, he prays to dismiss this Criminal 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 13.03.2025 and have been in judicial custody since then and in view of the offence allegedly committed by the petitioners and the fact that the investigation has not been completed in this case, at this stage, if bail is granted to the petitioners, he may abscond and thereby, cause threat to the defacto complainant and witnesses. Hence, this Court is not inclined to grant bail to the petitioner.

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8. In the result, this criminal original petition stands dismissed. sd/- 08/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG To 1.The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN CRL OP(MD) No.6509 of 2025 Date :08/04/2025 VN/05.05 .2025 6P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6