Vignesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR CRL OP NO.12052 of 2025 Vignesh Petitioner/A1 Vs The State Rep By The Inspector of Police Virinchipuram Police Station, Vellore District.

(Crime No.55 of 2025) Respondent Prayer:- Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner/Accused on anticipatory bail in the event of arrest in Crime No. 55 of 2025 pending on the file of the respondent police.

For petitioner : Mr.G.Balamanikandan For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 115(2), 118(1) and 351(3) of the BNS Act, in Crime No.55 of 2025, on the file of the respondent police, seeks anticipatory bail. Page No.1 of 7

2.The case of the prosecution is that, during a temple festival, the petitioner/A1 along with other accused assaulted the de-facto complainant, viz., the petitioner/A1 attacked him with a knife, robbed his gold chain worth 5 sovereigns and mobile phone, A2 attacked him with an iron rod and the other A3 to A7 attacked him with hands. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. It is a case and case in counter and that the petitioner also lodged a complaint against the defacto complainant before the respondent police. He further submitted that accused 3 to 7 were already granted anticipatory bail by this Court. Hence, prayed for anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the injured was discharged from the hospital. Page No.2 of 7

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

6. Considering the nature of the allegations, the fact that the injured has been discharged from the hospital, the fact that A3 to A7 were already granted anticipatory bail and since, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.IV, Vellore, on condition that the petitioner shall 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 respondent police or Page No.3 of 7

the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

[c] the petitioner shall report before the respondent Police daily at 10.30 a.m until further orders; [d] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner shall make himself available for interrogation by a Police office as and when required; [f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to Page No.4 of 7

the directions as may be given by the Court in this regard; [g] the petitioner shall not abscond either during investigation or trial;

[h] 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 as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

02.06.2025 ep Page No.5 of 7

M.NIRMAL KUMAR, J.

ep To:

1.

The Inspector of Police Virinchipuram Police Station, Vellore District.

2.

The Judicial Magistrate No.IV, Vellore 3.

The Public Prosecutor, High Court Madras.

CRL OP NO.12052 of 2025 Page No.6 of 7

02.06.2025 Page No.7 of 7