Satheesh v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI Satheesh, (Male /Age-27) S/o.Serma Durai, ... Petitioner/Accused No.2 Vs State of Tamilnadu, Represented by the Inspector of Police, Colachel Police Station, Kanniyakumari District.
(Crime No.117 of 2023) ... Respondent/Complainant For Petitioner : Mr.N.Pragalathan For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.117 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 1/4
03.07.2023 for the offence punishable under Sections 324 @ 302 of IPC in Crime No.117 of 2023 on the file of the respondent police, seeks bail,
2. The case of the prosecution is that on 16.06.2023 at about 10.00 p.m., when the deceased was sleeping in a Pet shop, Colachel-Vettumadai Road, Vettumadai, Kanniyakumari District, some unknown persons attacked him using wooden log on his head. Thereafter, he was taken to the hospital and later he died. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the District Collector, Kanniyakumari District, had passed the detention order against the petitioner dated 10.08.2023. Against the said order, the petitioner has filed HCP(MD).No.243 of 2024 before this Court and the same was allowed on 25.04.2024. Further, he submitted that the investigation has been completed and the charge sheet has also been filed in S.C.No.386 of 2023 on the file of the Additional District and Sessions Court, Padmanapapuram, Kanniyakumari District. He further submitted that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by 2/4
this Court. Hence, he seeks to grant bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that there are 27 previous cases pending against the petitioner out of which one case is under POCSO Act. He further submitted that A1 had been arrested and remanded to judicial custody. If the petitioner is released on bail, he may be absconding and tampering the witnesses. Hence, he opposed for grant of bail to the petitioner.
5. Considering the facts and circumstances of the case and also the fact that there are 27 previous cases pending against the petitioner and also considering the gravity of offence committed by the petitioner. Further, A1 had already been arrested and remanded to judicial custody and the trial yet to be completed. If the petitioner is released on bail, he may abscond the same and also considering the bad antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner at this stage.
6. Accordingly, this Criminal Original Petition is dismissed. No costs. sd/- 20/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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msrm To
1. The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.
2.The Inspector of Police, Colachel Police Station, Kanniyakumari District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.9956 of 2025 Date :20/06/2025 HPS/07.07.2025 /4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4