Madras High CourtCRL OP(MD)/12783/2025dismissed

Sankar v. The State Of Tamil Nadu, Rep. By

2025-07-30Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Sankar, S/o.Ravi ..Petitioner/ Accused No.1 Vs The State of Tamilnadu rep.by The Inspector of Police, Thanjavur TMCH Police Station, Thanjavur District.

(Crime No.347 of 2025) .. Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran 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.347 of 2025 on the file of the Respondent Police. 1/4

ORDER : This Court made the following order :- The petitioners / Accused No.1 who was arrested and remanded to judicial custody on 15.07.2025 for the offences punishable under Sections 296(b), 115(2), 118 (1), 109, 351(3) of BNS, 2023 in Crime No.347 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, on 14.07.2025 at about 09.00 p.m. this petitioner was abused the defacto-complainant with filthy language and the first accused and other accused persons were attacked the defactocomplainant with deadly weapon and threatened with dire consequence. The defacto-complainant had sustained severe injuries and he admitted in hospital. Hence, the case.

3. The learned counsel for the petitioner would submit that due to previous enmity, the defacto-complainant lodged a false complaint against this petitioner. This petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 15.07.2025, nearly 15 days. Hence, he seeks bail. 2/4

4. The learned Government Advocate (Criminal Side) would submit that due to previous enmity, on 14.7.2025, this petitioner and other accused persons made a quarrel with the defacto-complainant, they abused and kicked him with their legs and A1 cut the defacto-complainant's finger with sword and threatened him with dire consequences. This petitioner is having two previous cases. The injured person was discharged from hospital on 26.07.2025. This petitioner is the prime accused in the said case, at the instigation of this petitioner only, the other accused persons were joined together and attacked the defacto-complainant. This petitioner only severed the fingers of the defacto-complainant. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances and considering the fact that this petitioner severed the fingers of the defacto-complainant, this petitioner is prime accused, and considering the gravity of offence, investigation is not yet completed, at this stage, this Court is not inclined to grant bail to the petitioner.

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6. Accordingly, this Criminal Original Petition is dismissed. sd/- 30/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO

1. The Officer Incharge, Sub Jail, Thanjavur.

2. The Inspector of Police, Thanjavur TMCH Police Station, Thanjavur District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.12783 of 2025 Date :30/07/2025 PR/31.07 .2025 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4