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Madras High CourtCRL OP/3310/2026granted

Vasudevan v. The State Represented By, Station House Officer

2026-02-11Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR

1. Vasudevan

2. Siva

3. Sathish ... Petitioners/ Accused 1 to 3 Vs.

The State represented by The Station House Officer, The Inspector of Police, Rishivandiyam Police Station, Kallakurichi District.

(Crime No.01 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.01 of 2026 pending on the file of the respondent Police. For Petitioner :

Mr.S.Mageshkumar For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 02.01.2026, for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 303(2), 324(2), 329(4), 109(1) of BNS, 2023 read 1/7

with Section 3 of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 in Crime No. 01 of 2026, registered on the file of the respondent, seek bail.

2. The case of the prosecution is that on 01.01.2026, at about 05.00.p.m., due to money dispute, petitioners abused the defacto complainant and others in filthy language, damaged the properties worth about Rs.1,20,000/- and also attacked with deadly weapons, due to which, they sustained grievous injuries and admitted in the hospital. Hence, the case. 3.The earlier bail application of the petitioners was dismissed by this Court, vide order dated 22.01.2026 in Crl.O.P.No.1288 of 2026 for the following reasons:

"5. Considering the fact that one of the victim, who sustained injuries in the alleged incident is still taking treatment in the hospital, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. "

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4.Now, The learned counsel appearing for the petitioners submitted that the injured person has been discharged from the hospital. He further submitted that the petitioners to show their bonafide, they are ready and willing to deposit a sum of Rs.15,000/- each to the credit of Crime No.1 of 2026; and that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court and ready to co-operate for the investigation and prayed for bail to the petitioners. 5.The learned Government Advocate (Crl.Side) for the respondent police reiterated the prosecution and submitted that the petitioners damaged the properties worth about Rs.1,20,000/- and also attacked the defacto complainant with deadly weapons. Hence, he opposed for the grant of bail to the petitioners.

6.

Taking into consideration the facts and circumstances of the case, considering the nature of allegation against the petitioners and the injured has been discharged from the hospital and also the voluntary submission made by the learned counsel for the petitioners that, the 3/7

petitioners are ready to deposit a sum of Rs.15,000/- each to the credit of Crime No.1 of 2026, the period of incarceration undergone by the petitioners and since further custody of the petitioners is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions.

7.

Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Thirukoilur, Kallakurichi District and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioners shall deposit a sum of Rs.15,000/- each to the credit of Crime No.1 of 2026 before the learned Judicial Magistrate Court, Thirukoilur, Kallakurichi District concerned within a period of four weeks from the date of receipt of copy of this order.

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[c] the petitioners shall report before the respondent Police everyday at 10:30 a.m., for a period of two weeks and thereafter as and when required for interrogation; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The Station House Officer, The Inspector of Police, Rishivandiyam Police Station, Kallakurichi District.

2.The Judicial Magistrate Court, Thirukoilur, Kallakurichi District. 3.The Central Prison, Cuddalore.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

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