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Madras High CourtCRL OP/12039/2025granted

Vedhachalom @ Appu v. The State Rep By The Inspector Of Police

2025-04-22Honourable Mr Justice Sunder Mohan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Vedhachalom @Appu ... Petitioner(s) /Accused Vs.

State rep by, The Inspector of Police, R-10, MGR Nagar Police Station, Chennai District.

... Respondent(s)/ Complainant Crime No.102 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in Crime No.102 of 2025 by the respondent police.

For petitioner(s) : Mr.P.Muthamizhselvakumar For Respondent(s) : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who Page No.1 of 8

was arrested and remanded to judicial custody on 31.03.2025, seeking bail in Crime No.102 of 2025 registered for the offences under Sections 126(2), 296(b), 118(1), 311, 351(3) of BNS, 2023 (Sections 341, 294(b), 324, 397 and 506(ii) of IPC).

2. It is the case of the prosecution is that, the petitioner attacked the defacto complainant with a beer bottle and robbed a sum of Rs.1,200/- from him, and abused him in filthy language.

3. The learned counsel appearing for the petitioner submitted that the allegations are false; that no injuries were sustained by the defacto complainant; and that in any case, further custody of the petitioner is not required and prayed for the grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that that there are five previous cases against the petitioner and he is on bail in those cases. Page No.2 of 8

5. Considering the nature of allegations, the fact that no injuries were sustained by the defacto complainant, and since further custody of the petitioner is not required, this Court is inclined to grant bail to the petitioner with certain conditions.

6. 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 learned XXIII Metropolitan Magistrate Court, Saidapet, 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;

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[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 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. 22.04.2025 Page No.4 of 8

Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.5 of 8

To

1. The Inspector of Police, R-10, MGR Nagar Police Station, Chennai District.

2. The Public Prosecutor, Madras High Court, Chennai.

3. Learned XXIII Metropolitan Magistrate Court, Saidapet,

4. The Superintendent of Prison, Central Prison, Puzhal.

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SUNDER MOHAN, J.

skr Page No.7 of 8

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