Dismissed¶27

K.Gunasekaran v. the state rep by,the inspector of police

Madras HC5 Nov 2025CRL OP/23195/2025

Case brief

AI extract

What is this about?

Bail refused; bail application dismissed; Crl.O.P. Madras High Court; Section 483 Bharatiya Nagarik Suraksha Sanhita; IPC Sections 147, 148, 332, 395, 307, 448, 302, 427, 120(B) r/w 149; Section 4 Explosives Substances Act 1908; Crime No.1 of 2017 Neravy Police Station Karaikal; murder of former Minister; Non-Bailable Warrant issued 23.04.2024 executed 21.04.2025; judicial custody; committal to Sessions; PRC stage; no Sessions Case number; non-cooperation with trial; bad antecedents; 12 previous cases; K. Rajasekar J.; 05.11.2025.

What did the court decide?

Bail was declined because the case had been committed to Sessions only very recently after a prolonged period and the accused had not cooperated in the completion of the trial. ¶26

K.Gunasekaran Vs the state rep by,the inspector of police — Bail and Remand | Madras HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.11.2025

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CORAM

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THE HONOURABLE MR. JUSTICE K.RAJASEKAR

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Crl.O.P.No.23195 of 2025

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K.Gunasekaran ... Petitioner

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Vs.

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The State Rep by, The Inspector of Police, Neravy Police Station, Karaikal District. (Crime No.1 of 2017)

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... Respondent

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PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the Petitioner/Accused on bail in Crime No.1 of 2017 pending on the file of the respondent Police.

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For Petitioner : Mr.C.R.Gokulvisvas For Respondent : Mr.M.V.Ramachandramoorthy, Additional Public Prosecutor (Puducherry)

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O R D E R

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The petitioner, who was arrested and remanded to judicial custody on 21.04.2025 for the offence punishable under Sections 147, 148, 332, 395, 307, 448, 302, 427, 120(B) r/w 149 of IPC and Section 4 of Explosives Substances Act, 1908, in Crime No.01 of 2017, on the file of the respondent

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police, seeks bail.

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1/4

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https://www.mhc.tn.gov.in/judis

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The allegation against the petitioner is that the petitioner was involved in the commission of the murder of a former Minister. He was arrested in the year 2017 and was subsequently released on bail. Thereafter, the petitioner failed to appear before the Committal Court, due to which a Non-Bailable Warrant was issued against him on 23.04.2024 and executed on 21.04.2025. The petitioner has now approached this Court seeking bail.

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The learned counsel appearing for the petitioner would submit that the non-appearance before the lower Court by the petitioner is neither wilful nor wanton. However, he would also submit that the petitioner is ready to abide any condition as imposed by this Court and seeks for grant of bail to the petitioner.

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Learned Public Prosecutor, Puducherry appearing for the respondent reiterated the prosecution case and submitted that the committal proceedings have now commenced. Though the papers have been forwarded to the Sessions Court, no Sessions Case number has been assigned so far, and the matter is still at the PRC stage. He further submitted that, apart from the present case, the petitioner is involved in 12 previous cases, including a

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2/4

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https://www.mhc.tn.gov.in/judis

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murder case, are still pending. Hence, he opposed to grant bail to the petitioner.

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Heard both sides and perused the materials available on record

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including the First Information Report.

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Considering the fact that the case has been committed to Sessions

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very recently after a prolonged period, the accused has not cooperated in the completion of the trial, and the petitioner has bad antecedents, this Court is not inclined to grant bail to the petitioner.

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