Mariraj Alias Rasukutty v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.688 of 2025 Mariraj Alias Rasukutty ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Munneerpallam Police Station, Tirunelveli District.
Crime No. 332/2023.
... Respondent/Complainant For Petitioner : Mr.S.Ananthamurugan For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To grant Bail to the petitioner in S.C. No. 157 of 2024 on the file of the IV Additional Sessions Court, Tirunelveli.
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 09.01.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant an order of bail to the petitioner.
2. The petitioner was arrested and remanded to judicial custody on 28.08.2023 for the alleged offences punishable under Sections 147, 148, 341, 294(b), 302, 506(ii) of IPC @ in Sections 147, 148, 341, 294 (b), 302, 506(ii), 120B and 34 IPC in Crime No.332 of 2023 on the file of the respondent police.
3. The case of the prosecution is that on 28.08.2023, the petitioner and other accused persons unlawfully assembled with deadly weapons and restrained the deceased Ganesan and attacked the deceased with Aruval and caused death. Hence, this case.
4. On an earlier occasion, when the matter was taken up for hearing on 29.01.2025, it was reported by the Additional Public Prosecutor that the petitioner is a notorious rowdy having 5 previous murder cases against him out of 14 cases pending.
Therefore, this Court vide an order dated 29.01.2025, granted interim bail to the petitioner due to the death of his father with condition that the petitioner shall return by 31.01.2025, at 5.00 p.m.
5. Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor for the respondent police, submits a report stating that the order dated 29.01.2025 has been complied with.
6. The petitioner has five previous cases in similar nature. If this Court grants bail to the petitioner, he will cause threat to the defacto complainant and other witnesses. Further, he will repeatedly indulge in similar type of offences. Taking into consideration the facts and circumstances of the case, considering the nature of the offence allegedly committed by the petitioner and also considering the bad antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.
7. Hence, this Criminal Original Petition is dismissed. sd/- 04/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
APD TO 1 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
2 THE INSPECTOR OF POLICE, MUNNEERPALLAM POLICE STATION, TIRUNELVELI DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.688 of 2025 Date :04/02/2025 NBF / SAR- (18/02/2025) 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023