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Madras High CourtCRL OP(MD)/9882/2025dismissed

K.Ayyathurai v. The State Of Tamil Nadu

2025-06-12Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.06.2025 PRESENT The HONOURABLE MR.JUSTICE P.VADAMALAI K.Ayyathurai, S/o.Karuppasamy

...Petitioner / Accused No.3

Vs The State of Tamil Nadu, Rep by the Inspector of Police, Chinnakovilankulam Police Station, Thenkasi District.

(Crime No.177 of 2025) ... Respondent/ Complainant For Petitioner : Mr.N.Mohideen Basha, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Crime No.177 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / accused, who was arrested and remanded to judicial custody on 01.05.2025 for the offences under Sections 296(b), 103(1) of the Bharatiya Nyaya 1/4

Sanhita, 2023 read with Section 61(2) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.177 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased, and A4 were in an illicit relationship, which was opposed by A1, the brother-in-law of the petitioner/A3. On account of this, on 30.04.2025 at about 05.00 p.m., A1 and A2 allegedly assaulted the deceased with aruvals (sickles). Hence, this case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioner. He would further submit that the petitioner is in custody from 01.05.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that there are totally four accused persons in this case and the petitioner has been arrayed as A3. He would further submit that the accused persons assaulted the deceased with aruvals (sickles), thereby causing his death. He would further submit that there no previous cases against the petitioner. He, however, would submit that the investigation in this case is still pending and that, at this stage, if bail is granted to the petitioner, he will abscond and tamper with the evidence. He, therefore, opposes the grant of bail to the petitioner.

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5. This Court has heard the learned counsel on both sides and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, the nature of the offence allegedly committed by the petitioner, and the fact that investigation in this case is still pending, this Court is of the view that if the petitioner is released on bail, he may indulge in tampering with the witnesses and the investigation. Hence, this Court is not inclined to grant bail to the petitioner at this stage.

7. In the result, this Criminal Original Petition is dismissed. sd/- 12/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO

1. THE INSPECTOR OF POLICE, CHINNAKOVILANKULAM POLICE STATION, THENKASI DISTRICT.

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2. THE SUPERINTEDENT, CENTRAL PRISON, PALAYMKOTTAI, TRIUNELVELI.

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

ORDER

IN CRL OP(MD) No.9882 of 2025 Date :12/06/2025 PR/27.06 .2025 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4