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Madras High CourtCRL OP(MD)/13278/2025dismissed

Sudhakar v. The State Of Tamil Nadu Rep. By

2025-08-13Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.08.2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI

1. Sudhakar, S/o.Nataraj,

2. Aravinth, S/o.Radhakrishnan ..Petitioners/ Accused Nos.1 & 2 Vs The State of Tamilnadu rep.by The Inspector of Police, Othakkadai Police station, Madurai District.

(Crime No.91 of 2025) .. Respondent/Complainant For Petitioners : Mr.G.Vijaya Prabhakaran 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.91 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners / Accused Nos.1 & 2, who were arrested and remanded to judicial custody on 30.05.2025 for the offences punishable under Sections 331(3), 331

(4) and 305(a) of BNS, 2023 in Crime No.91 of 2025 on the file of the respondent 1/4

police, seeks bail.

2. The case of the prosecution is that when the defacto-complainant went to a trip, the accused persons unlawfully entered into the house of the defacto-complainant, broke open the doors and stole gold ornaments weighing over 38 sovereigns, silver articles and cash of Rs.1,05,000/-. The total value of the entire property is Rs.12,73,200/-. Hence, the case.

3. The learned counsel for the petitioners would submit that there are totally three accused persons, these petitioners were arrayed as Accused Nos.1 & 2. These petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 30.05.2025, nearly 75 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that these petitioner, broke open the house of the defacto-complainant and stolen gold ornaments, silver articles and cash Rs.1,05,000/-. The entire properties worth about Rs.12,73,200/-. The entire properties were recovered by the respondent police. Already these petitioners remanded in another Crime No.225 of 2025. In this case, entire properties were recovered, investigation completed, charge sheet has also been filed and the same was taken on file in C.C.No.622 of 2025 on the file of the 2/4

Judicial Magistrate, Melur. The first petitioner is having 11 previous cases and the second petitioner is having six previous. These petitioners are involved in similar kind of offences. The Accused No.3 is still in judicial custody. If the petitioners are released on bail, they may threaten the evidences and tamper the witnesses. Hence, he objected to grant bail to the petitioners.

5. Considering the nature and gravity of offences and on perusal of the previous case particulars produced on the side of the prosecution it appears that first petitioner involved in 11 previous cases, and the second petitioner involved in six previous cases, all are similar in nature, considering the bad antecedents of the petitioners, this court is not inclined to grant bail to the petitioners at this stage.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 13/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1.The Superintendent, Central Prison, Madurai.

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2. The Inspector of Police, Othakkadai Police station, Madurai District.

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

ORDER

IN CRL OP(MD) No.13278 of 2025 Date :13/08/2025 SBN/11.09.2025 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4