Vicky @ Viknesh 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 Vicky @ Viknesh ... Petitioner/Accused No.7 Vs The State of Tamilnadu, Rep By,The Inspector of Police, Manapparai Police Station, Pudukottai District.

Cr.No.129 of 2025..

... Respondent/Complainant For Petitioner : Mr.R.Alagumani, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.129 of 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 08.04.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant an order of bail.

2. The petitioner was arrested and remanded to judicial custody on 25.01.2025 for the offences punishable under Sections 140(1), 311 and 103(2) of Bharatiya Nyaya sanhita, 2023, in Crime No.129 of 2025 on the file of the respondent-Police.

3. The case of the prosecution is that on 20.12.2024, at about 09.50 p.m.,the petitioner and other accused persons way laid the deceased and kidnapped him and robbed a sum of Rs.2,95,000/- from him. Thereafter, they murdered the deceased. Based on the confession of A6, the petitioner has been arrayed as A7.Hence, the complaint.

4. Mr.R.Alagumani, learned counsel appearing for the petitioner, submits that the petitioner has not committed any offence as alleged by the prosecution. He further submits that based on the confession of A6, the petitioner has been arrayed 2/5

as A7 and he has been arrested on 25.01.2025. There is no recovery from the petitioner. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He further submits that the petitioner has been in judicial custody since 25.01.2025. Hence, he prays for granting bail to the petitioner.

5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-Police, submits that initially the case has been registered under Section 194(3) BNSS, 2023 @ 311 and 103 (2) of BNS, 2023 in Crime No.404 of 2025. As per the jurisdiction, the case has been transferred to Manapparai Police station and Crime No.129 of 2025 has been assigned and sections were altered into 140(1), 311 and 103(2) of Bharatiya Nyaya sanhita, 2023. He further submits that the investigation has not yet been completed. He further submits that the petitioner has nine previous cases. At this stage, if bail is granted to the petitioner, the petitioner may cause threat to the defacto complainant and witnesses and delay the investigation proceedings. Hence, he vehemently opposes to grant bail to the petitioners.

6. Heard the learned counsel on either side and perused the records. 3/5

7. It is seen that the investigation has not yet been completed. Therefore, the custodial interrogation of the petitioner is necessary in this case. It is further seen that the petitioner has nine previous cases and if bail is granted to the petitioner, he may abscond and threaten the family members of the deceased and other witnesses and delay the investigation proceedings.

8. Considering the above, and considering the nature of allegations allegedly committed by the petitioner and other accused persons, this Court is not inclined to grant bail to the petitioner at this stage of investigating.

9. 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 4/5

TO 1.The Inspector of Police, Manapparai Police Station, Pudukottai District.

2.The Superintendent, Central Prison, Trichy.

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

+1. CC to R.ALAGUMANI Advocate SR.No.4460 dt 21.04.2025

ORDER

IN CRL OP(MD) No.6706 of 2025 Date :17/04/2025 RK (12/05/2025) 5 P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5