Nattudurai Vs State rep. by The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.371 of 2025 pending investigation on the file of the respondent police.

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For Petitioner(s) : Mr.N.Palanikumar For Respondent(s) : Mr.S.Yogaraj Sekar, Government Advocate (Crl.Side) For Intervenor(s) : Mr.Hendri Tiphagne

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ORDER

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The petitioner, who was arrested and remanded to judicial custody on 28.07.2025 for the alleged offences under Sections 191(2), 191(3), 103(1), 109(1), 351(3), 3(5), 61(2), 49, 190, 309(3) and 111(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 92(b) of the Rights of Persons with Disabilities Act, 2016 in Crime No.174 of 2026 on the file of the respondent police, seeks bail.

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

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Crl.O.P.No.19110 of 2026

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2 . It is the case of the prosecution that, due to previous enmity, the petitioner, along with the co-accused, entered into a criminal conspiracy, arranged hired assailants and murdered the deceased, who was an Advocate. Hence, the case.

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3 . The learned counsel appearing for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in custody since 28.07.2025 and that, in any event, his further custody is not required for the purpose of investigation. He would further submit that the petitioner is a real estate agent and had only assisted the first and second accused in effecting the sale of certain properties without knowing the purpose behind such transactions. It is his specific submission that the petitioner had neither arranged any hired assailants nor participated in the alleged conspiracy and that his mere presence at the scene of occurrence would not, by itself, establish his involvement in the commission of the offence. Hence, he prayed for grant of bail.

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4 . The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that the petitioner is one among the twenty accused and is the main conspirator behind the occurrence. He further submitted that the petitioner was present at the scene of occurrence and had played a vital role in arranging the hired assailants for committing the murder. He also submitted that the 2/4

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

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Crl.O.P.No.19110 of 2026

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investigation is still pending. It was further submitted that, if the petitioner is enlarged on bail, there is every possibility of his tampering with witnesses.

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5 . The learned counsel appearing for the Intervenor reiterated the submissions made by the learned Government Advocate (Crl. Side) and submitted that this is a case of a gruesome murder of an Advocate committed through hired assailants after spending huge sums of money. He further submitted that the petitioner is the main conspirator and invited the attention of this Court to the subsequent attempt to murder of P.W.1 in Crime No.319 of 2026, allegedly in connection with the present case. However, the said contention was seriously disputed by the learned counsel for the petitioner, who reiterated that the petitioner had neither arranged the hired assailants nor participated in the alleged conspiracy.

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6 . Though the learned counsel for the petitioner would contend that the petitioner has no role in the commission of the offence, it is seen that the petitioner was present at the scene of occurrence and is alleged to be the main conspirator behind the commission of the offence. Having regard to the seriousness of the allegations, the nature of the offence involving the alleged engagement of hired assailants for the murder of an Advocate, the subsequent incident involving the attempted murder of P.W.1 in Crime No.319 of 2026, the fact that the investigation

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is still pending, this Court is of the view that it would not be appropriate to grant bail to the petitioner at this stage.

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

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Crl.O.P.No.19110 of 2026

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C.KUMARAPPAN,J.