Prasanth v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2025 PRESENT THE HONOURABLE MR.JUSTICE P. VADAMALAI Prasanth, S/o.Senthilkumar, Padamathur, Now at Madagupatti, Sivagangai.

...Petitioner

Vs The State of Tamil Nadu, Rep. by The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

(Crime No.188 of 2021) ... Respondent/Complainant For Petitioner : M/s.M.Muthuvel Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.188 of 2021 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 20.09.2024 for the offences punishable under Sections 294(b), 147, 148, 302 of IPC in Crime No.188 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto-complainant's son, deceased Balamurugan, was working at Hitech Washer Company. On 16.08.2021, due to previous enmity linked to a previous altercation, the petitioner and other accused inflicted severe injuries leading to defacto-complainant's son death on the spot. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. A Case in S.C.No.71 of 2022 in Crime No.188 of 2021 on the file of the Additional District Judge, Sivagangai, was posted for framing of charges on 05.07.2023, at that time the petitioner has not appeared before the Trial Court, hence Non-Bailable Warrant was issued against him, and the same was executed on 20.09.2024. The absence of the petitioner due to the non-communication about the case by his advocate and the petitioner was not aware of the issuance of NBW. The 2/4

petitioner is ready to abide by any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 20.09.2024 nearly 1 1⁄2 years. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner was arrested on the basis of the Non-Bailable Warrant issued against him and remanded to judicial custody on 20.09.2024. There are totally six accused, in this case, as against the A4 and A5 NBW is pending and the A1,3 and 6 are concerned, they are still in judicial custody. There are four previous cases is pending against the petitioner. Hence, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking into consideration that in this case, as against the A4 and A5 NBW is pending and the A1,3 and 6 are still in judicial custody and also considering the fact that there are four cases pending against the petitioner and considering the gravity and nature of offences involved in this case, this court is not inclined to grant bail to the petitioner.

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6. Accordingly, this Criminal Original Petition is dismissed. sd/- 09/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO

1. THE INSPECTOR OF POLICE, THIRUPPACHETHI POLICE STATION, SIVAGANGAI DISTRICT.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9581 of 2025 Date :09/06/2025 PR/12.06 .2025 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4