Vijay Alias Thokuthivijay v. State Represented By
CRL OP NO. 14585 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP NO. 14585 of 2025 Vijay Alias Thokuthivijay S/o Kumar, 230/4 Valli Teacher Line, Kithchipalayam, Salem - 636015.
Petitioner(s) Vs State Represented by The Sub Inspector of Police, Kitchipalayam P.S., Cr.No.121/2025 ...Respondent(s) PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.121 of 2025, pending investigation on the file of the respondent Police. For Petitioner(s): Mr.A.Rahul For Respondent(s): Mr.L.Baskaran Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 13.04.2025, for the offence punishable under Sections 126(2), 296(b), 310(2), 311 and 351 (3) of BNS Act, in connection with Crime No.121 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner is alleged to have waylaid and snatched a sum of Rs.7,200/- from the defacto complainant at knife point and also criminally intimidated the defacto complainant. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person. He also submitted that the petitioner is in no way connected with the alleged offence. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner has waylaid and snatched a sum of Rs.7,200/- from the defacto complainant at knife point and also threatened him with dire consequences. He further submitted that only a sum of Rs.350/- was recovered from the petitioner. He further submitted that there are no previous case pending against the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, submissions made by the learned counsel on either side and also considering the period of incarceration of the petitioner and the petitioner himself is ready to abide by any condition and there is no previous case pending against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate-II, Salem, 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, everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for further interrogation;
[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required;
[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;
[e] 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 the directions as may be given by the Court in this regard; [f] 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 M. NIRMAL KUMAR.,J.
gv
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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
11-06-2025 To
1. The Judicial Magistrate-II, Salem,
2. The State Represented by The Sub Inspector of Police, Kitchipalayam P.S., Cr.No.121/2025.
3. The Superintendent, Central Jail, Salem.
4. The Public Prosecutor High Court, Madras.
CRL OP NO. 14585 of 2025