Vignesh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.2359 of 2026 Vignesh ... Petitioner -vsState Rep by, The Inspector of Police, E-3, Minjur Police Station, Tiruvallur District.

(Crime No.735 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.735 of 2025 on the file of the respondent police.

For Petitioner :

Mr.A.J.Magendiraverman For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 21.11.2025 for the offences punishable under Sections 103(1) of BNS, in Crime No.735 of 2025, registered on the file of the respondent police, seeks bail. 1/5

2. The allegation against the petitioner is that he is ranked as A5 in this case and that he is a friend of A1 and his family members. It is alleged that there was enmity between the deceased and A1, and due to the same, the petitioner joined hands with other accused abducted the deceased to a cashew garden, tied him to a tree and indiscriminately assaulted him with knife, as a result of which the deceased died on the spot. Hence, a case has been registered and the petitioner was arrested.

3. The learned counsel appearing for the petitioner submitted that the petitioner is ranked as A5 and that the specific overt act against the petitioner is that he only assisted the other accused in changing their clothes; that he has no previous case against him and that he is ready to co-operate with the investigation. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that there are five accused in this case and the petitioner is ranked as A5. He further submitted that A1 to A4 have been arrested and detained under Act 14 of 1982 and that the petitioner has no previous case against him. Hence, he opposed to grant bail to the petitioner.

4. Heard both sides and perused the materials available on record.

5. Considering the submissions made by the learned counsel on either side, the nature of the allegations, the fact that the majority of the allegations are against A1 and A2 and also considering the period of his incarceration, and that 2/5

the petitioner is not having any previous case, this Court is inclined to grant bail with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate, Ponneri, Tiruvallur 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 petitioner shall report before the concerned Court daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the 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 petitioner in accordance with law as if the conditions 3/5

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];

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

03.02.2026 drl 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 Judicial Magistrate, Ponneri, Tiruvallur District.

2.The Inspector of Police, E-3, Minjur Police Station, Tiruvallur District.

3.The Superintendent, Central Prison-II, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

drl Crl.O.P.No.2359 of 2026 03.02.2026 5/5