Arunkumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL and CRL.M.P.(MD).No.5266 of 2025 Arunkumar ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Pudukottai Police Station, Thoothukudi, Crime No.48/2024..
... Respondent/Complainant For Petitioner : Mr.G.Karuppasamypandiyan, Advocate.
For Respondent : Mr.R.Meenakshi Sundarama, Additional Public Prosecutor For Intervener : Mr.J.Arul Prakash PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on Bail in connection with the case in SC No.287/2024 on the file of the II Additional District and Sessions Court, Thoothukudi and thus render justice.
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ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 09.04.2025 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 28.02.2024 for the offences punishable under Sections 147, 148, 341, 302, 506(2) and 404 of Indian Penal Code, 1860, in Crime No.48 of 2024 on the file of the respondent-Police.
3. The case of the prosecution is that on 28.02.2024, the petitioner along with other accused unlawfully assembled with deadly weapons and restrained the two wheeler, which was driven by the defacto complainant, wherein the deceased was travelling as pillion rider and attacked the deceased with Aruval and other weapons and caused him death and also criminally intimidated the defacto complainant. Hence, the case.
4. Mr.G.Karuppasamypandian, learned counsel appearing for the petitioner, 2/5
submits that the petitioner has not committed any offence as alleged by the prosecution. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He further submits that the petitioners have been in judicial custody since 28.02.2024. Hence, he prays for granting bail to the petitioners.
5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-Police, submits that the investigation has been completed and final report has been filed and the same was taken on file in S.C.No.287 of 2024 by the learned II Additional District and Sessions Court, Thoothukudi. At this stage, if bail is granted to the petitioners, the petitioners may cause threat to the defacto complainant and witnesses. Hence, he vehemently opposes to grant bail to the petitioners.
6. Heard the learned counsel on either side. This Court has perused the First Information Report.
7.In the First Information Report, it has been specifically stated as follows: ////,jw;F rhl;rp brhd;dhy;
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7.In view of the circumstances of the case, the custody of the petitioner is necessary in this case. Considering the nature of case, if bail is granted to the petitioner, he may abscond and threaten the family members of the deceased and other witnesses.
8. Considering the above, and considering the nature of offences allegedly committed by the petitioner and other accused persons, this Court is not inclined to grant bail to the petitioners at this stage of investigating.
9. Accordingly, this Criminal Original Petition stands dismissed. Consequently, the connected criminal miscellaneous petition is closed. sd/- 22/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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VSG TO 1.THE INSPECTOR OF POLICE, PUDUKOTTAI POLICE STATION, THOOTHUKUDI.
2.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6871 of 2025 Date :22/04/2025 PR/14.05 .2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5