Rakesh v. State Of Tamilnadu Rep By Inspector Of Police, Subramaniapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY C.R.L. O.P.(MD).No.19563 of 2025 1.Rakesh S/o.Barath Ray 2.Raju Ray S/o.Barath Ray 3.Kapildev Sana S/o.Vinay Sana ..Petitioners/Accused Nos.1 to 3 Vs The State of Tamil Nadu rep.by The Inspector of Police, Subramaniyapuram Police Station, Madurai.

(Cr.No.228 of 2025) .. Respondent/Complainant For petitioners : Mr.A.Vignesh For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS 1/4

PRAYER :- For Bail in Crime No.228 of 2025 on the file of the Respondent Police.

ORDER : This Court made the following order :- The petitioners, who were arrested and remanded to judicial custody for the offences punishable under Sections 331(3), 305 and 62 of Bharatiya Nyaya Sanhita, 2023, in Cr.No.228 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners were travelling from Uttarakhand to various places and attempted to loot from ATMs. An attempt was made by them to break open the electronic shutter of the ATM centre using a small metal plate. It is further alleged that though no cash was stolen, the accused persons are suspected to be involved in the said attempt. Hence, this case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have committed any offence as alleged by the prosecution. Hence, he seeks bail.

2/4

4. The learned Additional Public Prosecutor for the respondent submitted that the investigation is at initial stage and if the petitioners are released on bail, they may abscond. He further submitted that around a sum of Rs.33,000/- have been recovered. Hence, he opposed for grant of bail to the petitioners.

5. Considering the facts and circumstances of the case and also the nature of the offence committed by the petitioners and the investigation is still pending, if the petitioners are released on bail, they may tamper the witnesses and abscond. Hence, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this criminal original petition stands dismissed. (S S Y J) 07.11.2025 RJR To 1.The Judicial Magistrate - IV Court, Madurai. 2.The Inspector of Police, Subramaniyapuram Police Station, Madurai.

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

3/4

S.SRIMATHY, J., RJR CRL OP(MD)No.19563 of 2025 07.11.2025 4/4