T.Bharath Vs State Represented by

PRAYER : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioners/accused in Crime No.143 of 2025 on the file of the respondent police.

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For Petitioner(s) : Mr. B. Balavijayan For Respondent(s) : Mr. A. Gopinath Government Advocate (Crl. Side)

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ORDER

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

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Crl.O.P.No.30788 of 2025

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The petitioner herein, who was arrested and remanded to judicial

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custody on 26.05.2025 for the offences punishable under Sections 281, 109, 103(1) of BNS in Crime No.143 of 2025 on the file of the respondent police, seeks bail. The earlier bail application of the petitioner was dismissed by this Court, vide order dated 14.10.2025 in Crl.O.P.No.27960 of 2025 for the following reasons:

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"Considering the fact that this is a case of retaliatory murder, the petitioner is the main accused, and there is a previous enmity between the groups which is the root cause of the murder, I am of the view that if the petitioner is released on bail, there is a likelihood of further escalation of the offences. Hence I am not inclined to grant bail to the petitioner."

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Though the earlier bail application of the petitioner was

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dismissed by this Court on merits, vide order dated 14.10.2025 in Crl.O.P.No.27960 of 2025, by suppressing the same, this present bail application has been filed by the petitioner.

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The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not involved in the offence; that he is in judicial custody since 26.05.2025; and the petitioner is ready to abide by any stringent conditions that may be imposed by this Court, hence prays to grant bail to the petitioner.

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

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Crl.O.P.No.30788 of 2025

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4.

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The learned Government Advocate (Crl. Side) appearing for the

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respondent police submitted that there are totally 5 accused involved in this case and the petitioner is arrayed as A1 and he is the main accused in this case, who drove the vehicle and dashed the deceased; that the petitioner has two previous cases; and that the investigation of the case is pending, hence opposed the bail to the petitioner.

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Considering the submissions made on both sides, grave nature

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of offence, the previous antecedents of the petitioner and taking note of the fact that the present bail petition is filed without any change of circumstances after dismissal of the earlier bail petition in Crl.O.P.No.27960 of 2025, this Court is not inclined to grant bail to the petitioner.

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6. Accordingly, this criminal original petition stands dismissed.

11.11.2025

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K. RAJASEKAR, J.

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