N.Vignesh @ Vella Vicky v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.01.2025

CORAM

THE HON`BLE MR.JUSTICE G.R. SWAMINATHAN CRL OP.No.1179 of 2025 N. Vignesh @ Vella Vicky S/o. Narasimmon ... Petitioner / Accused Vs State represented by:

The Inspector of Police, R-10 M.G.R. Nagar Police Station, Chennai.

... Respondent [Cr. No.495 of 2024] PRAYER: - The Criminal Original Petition is filed under Section 483 of B.N.S.S., to enlarge the petitioner/Accused on bail in Cr. No.495 of 2024 on the file of the respondent police.

For Petitioner : Mr. S. Mohan Raj For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate [Criminal side] 1/5

ORDER

Heard the learned counsel on either side.

2. The petitioner stands accused in Cr. No.495 of 2024 for the offences under Sections 278 and 123 of B.N.S. on the file of the respondent police. He was arrested and remanded into judicial custody on 16.12.2024.

3. The petitioner/accused was found in possession of 90 nos. of Tydol tablets and syringes.

4. The learned Government Advocate (Criminal Side) informs the Court that the petitioner is having three previous case.

5. Though the allegations made against the petitioner are serious in nature, his continuity of incarceration will not serve any purpose. Coaccused had already been released on bail. Since the petitioner was 2/5

arrested and remanded to judicial custody as early as on 16.12.2024, considering the number of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any 3/5

inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

17.01.2025 index: Yes/No Internet: Yes/No Speaking/Non Speaking order mjs G.R. SWAMINATHAN J., mjs 4/5

To 1.The XXIII Metropolitan Magistrate, Saidapet, Chennai 2.The Public Prosecutor, Madras High Court, Chennai.

3. The Inspector of Police, R-10 M.G.R. Nagar Police Station, Chennai.

4. The Superintendent of Police, Central Prison, Puzhal, Chennai. 17.01.2025 5/5