Rajakani v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Rajakani ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Surandai Police Station, Tenkasi District.

(Crime No.453 of 2021) ... Respondent/Complainant For Petitioner :

R.Rajeshkumar, Advocate.

For Respondent :

Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PRAYER :- For Bail Crime No.453 of 2021 on the file of the respondent Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 17.12.2024 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.

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2. The petitioner / A1 was arrested and remanded to judicial custody on 05.09.2024, based on the Non Bailable Warrant issued on 12.12.2023, in Special S.C.No.522 of 2024 on the file of the Principal District (POCSO) Special Court, Thenkasi District for the alleged offences punishable under Sections 387 IPC and Sections 8 and 7 of POCSO Act in Crime No.453 of 2021, on the file of the respondent police, seeks bail.

3. The case of the prosecution is that petitioner along with other accused persons extorted money and gold ring from the victim, who was studying 10th Std., by teasing her. Hence, the complaint.

4. Mr.R.Rajeshkumar, learned counsel appearing for the petitioner submitted that due to non appearance of the petitioner, on 12.12.2023, NBW was issued and he was secured on 05.09.2024 and the case is pending in Special S.C.No.522 of 2024 on the file of the Principal District (POCSO) Special Court, Thenkasi District. He would further submit that the petitioner has been in judicial custody from 05.09.2024 and seeks bail.

5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent Police, submitted that the petitioner herein has been involved in five previous cases, out of which relates to an offence punishable under Section 302 IPC. He would further submit that the trial is yet to 2/4

be commenced in the Special S.C.No.522 of 2024. Hence, he opposed the grant of bail to the petitioner.

6. Heard both sides and perused the records.

7. Petitioner has five previous cases. In view of the antecedents of the petitioner, if the petitioner is released on bail, he may cause threat to the witnesses, thereby, delaying the investigation. In view of the above and the offence, which is alleged to have been committed by the petitioner, this Court is of the considered view that if the bail is granted to the petitioner, he may cause threat to the witnesses and thereby, delaying the investigation. Hence, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition is dismissed. sd/- 05/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP To 1.The Inspector of Police, Surandai Police Station, Tenkasi District.

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2.The Superintendent, Central Prison, Palayamkottai.

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

ORDER

IN CRL OP(MD) No.22458 of 2024 Date :05/02/2025 ED/ SKN /SAR- (19/02/2025) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4