Sajin Thomas 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 Sajin Thomas ... Petitioner/ Sole Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Rajakamangalam Police Station, Kanniyakumari District.
Crime No. 9/2025.
... Respondent/Complainant For Petitioner : Ms. A.Banumathy, Advocate For Respondent : Mr.S.S. Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 9 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 15.04.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioner / sole accused apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 126(2), 296(b), 109, 351
(3) of BNS, 2023 in Crime No.9 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that on 10.01.2025, when the defacto complainant and his friend went to cut banana leaves for Poojai. While riding two wheeler, the petitioner herein blocked their way, when defacto complainant asked him to move aside, petitioner became agitated. Subsequently, when the defacto complainant were returning after cutting the banana leaves, petitioner attacked the defacto complainant's friend by stabbing him in the stomach with knife and also attacked the defacto complainant on head and thereby, caused grievous injuries. Hence, the case.
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4. Ms.A.Banumathy, the learned counsel appearing for the petitioner, submits that the petitioner is an innocent person, and he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of pre-arrest bail to the petitioner.
5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the injured was admitted in the hospital on 10.01.2025 and discharged on 15.01.2025. He further submits that there are three previous cases pending against the petitioner. He further submits that the investigation of the case is still pending and therefore, at this stage, if pre-arrest bail is granted to the petitioner, he may cause threat to the defacto complainant and witnesses and commit the similar offence. Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. Considering the gravity of offence, the nature of injury sustained by the 3/5
victims and weapons used by the petitioner, this Court is of the view that if the petitioner is released on pre-arrest bail, he will commit the similar offence again. Hence, this Court is not inclined to grant pre-arrest bail to the petitioner.
8. Accordingly, this Criminal Original Petition is 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.
trp TO 1.THE INSPECTOR OF POLICE, RAJAKAMANGALAM POLICE STATION, KANNIYAKUMARI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7008 of 2025 Date :17/04/2025 4/5
RK (15/05/2025) 5 P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5