Vignesh v. The State Rep.By, The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Vignesh S/o. Ravichandiran

...Petitioner/Accused

Vs.

State rep by The Station House Officer, Chidambaram Town Police Station, Cuddalore District.

(Crime No.75 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.75 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.M.Ragul Kousik For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 15.02.2025, seeking bail in Page No.1 of 6

Crime No.75 of 2025 registered for the offence under Sections 296(b) and 351(3) of BNS, 2023 r/w Section 3 of TNPPDL Act. 2.It is the case of the prosecution that the petitioner is the driver of a JCB vehicle and that he had previous enmity with the defacto complainant, as a result of which the petitioner had taken his JCB and damaged the car of the defacto complainant and thus caused loss of Rs.3,00,000/- to the defacto complainant. Hence, the case.

3.The learned counsel for the petitioner would submit that the allegations are false; that the petitioner had earlier lodged a complaint against the defacto complainant in Crime No.74 of 2025 since he had attacked the petitioner and the instant complaint has been registered only to neutralize the complaint filed by the petitioner and that in order to show his bonafide, the petitioner is willing to deposit a sum of Rs.50,000/- to the credit of Crime No.75 of 2025 and sought for bail. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and confirmed the fact that the petitioner has lodged a Page No.2 of 6

complaint against the defacto complainant which was registered in Crime No.74 of 2025 and also submitted that the defacto complainant was released on bail in the said case in Crl.M.P.No.456 of 2025 on the file of the Judicial Magistrate No.II, Chidambaram.

5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record.

6.Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.75 of 2025, without prejudice to his rights and contentions before the trial Court. Merely because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

7.Considering the aforesaid facts, the period of incarceration and since further custody of the petitioner is not required for the purpose of Page No.3 of 6

investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

8.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate - II, Chidambaram, 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 respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner 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 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 Page No.4 of 6

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.

04.03.2025 ata Copy to:

1.The Station House Officer, Chidambaram Town Police Station, Cuddalore District.

2.The Judicial Magistrate - II, Chidambaram.

3.Sub Jail, Chidambaram.

4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata 04.03.2025 Page No.6 of 6