Prasanth v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Prasanth S/o.Gopal, Residing at No.1/213, Annai Kasthuri Bai Street, Ariyur Village and Post, Vellore District.

..Petitioner(s) Vs The State Rep. By:

The Inspector of Police, Ariyoor Police Station, Vellore.

(Crime No.123/2025) ..Respondent(s) PRAYER: This Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge him on bail in Crime No.123/2025 on the file of the respondent police and pass necessary orders.

For Petitioner(s):

Ms. M.Vishali For Respondent(s):

Mr. S. Vinoth Kumar, Government Advocate (Criminal side).

ORDER

The petitioner, who was arrested and remanded to judicial custody on 19.02.2026 for the alleged offences under Sections 296(b), 115(2), 118(2), 109(1), 351(3) @ 191(2), 191(3), 296(b), 115(2), 118(1), 109(1) and 351(3) of

B.N.S. in Crime No.123 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to the previous enmity, the petitioner along with other co-accused made an attempt to murder the defacto complainant by causing injuries with knife and broken beer bottle. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the name of the petitioner is not found in the FIR and hence prays to enlarge the petitioner on bail.

4. The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and would further submit that totally 6 accused and the petitioner herein is arrayed as A6 and the accused have attacked the defacto complainant using beer bottle and attempted to murder and hence strongly objected to enlarge the petitioner on bail.

5. From the submissions made by the learned Government Advocate (Criminal side), it is obvious that this petitioner has been implicated in this case only through confession statement of the co-accused, and that the very overt act is attributed as against the other accused and it also appears that the petitioner

has got no previous case against him.

6. In such view of the position, taking into consideration the fact that the petitioner having been under incarceration for more than 15 days and upon considering that the other co-accused A3 and A4 have already been released on bail, this Court is inclined to grant bail to the petitioner, subject to the following stringent conditions:

7. 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 No.I, Vellore and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of 3 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]:

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

06-03-2026 MJS 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 No.I, Vellore.

2. The Inspector of Police, Ariyoor Police Station, Vellore.

3. The Superintendent of Police, Central Prison,Vellore.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 06-03-2026