Vinothkumar @ Vinoth @ Onan Vinoth v. State, Represented By, The Inspector Of Police
Crl.O.P No.14650 of 2025 M.NIRMAL KUMAR, J.
This matter is posted today under the caption "for Being Mentioned" at the instance of the learned counsel for the petitioner.
2. The learned counsel for the petitioner submitted that in para 1 of the order dated 11.06.2025 passed in Crl.O.P No.14650 of 2025, it has been inadvertently mentioned as "103, 296(b), 351(3) of BNS Act" instead of " 296(b), 311, 351(3) of Bharatiya Nyaya Sanhita, 2023". Hence, he prays to rectify the defects.
3. Considering the submissions made by the learned counsel for the petitioner, para 1 of the order dated 11.06.2025 passed in Crl.O.P No.14650 of 2025, shall be replaced as follows:
" This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 22.04.2025, seeking bail in Crime No.133 of 2025 registered for the offences under Sections 296(b), 311, 351(3) of Bharatiya Nyaya Sanhita, 2023".
4. In other aspects, the earlier order passed by this Court dated 11.06.2025, shall stand unaltered.
17.06.2025 uma 1/2
M.NIRMAL KUMAR, J.
uma Note: Registry is directed to issue fresh order copy after making necessary corrections.
Crl.O.P No.14650 of 2025 17.06.2025 2/2
CRL OP NO. 14650 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. 14650 of 2025 Vinothkumar @ Vinoth @ Onan Vinoth S/o. Mohan, No.19, United Colony 2nd Street, Retteri, Kolathur, Chennai - 600099.
Petitioner(s) Vs State, represented by, The Inspector of Police K-9, Thiru. Vi.Ka. Nagar Police Station, Chennai. Crime No.133 of 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.133 of 2025, pending investigation on the file of the respondent Police. For Petitioner(s): Ilayaraja Kandasamy S. Hariprasad A.Mageshwari S.Govindaraj For Respondent(s): Mr.L.Baskaran Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed by the petitioner , who was arrested and remanded to judicial custody on 22.04.2025, seeking bail in Crime No.133 of 2025 registered for the offence under Sections 103, 296(b), 351(3) of 3/2
BNS Act.
2. The case of the prosecution is that the petitioner is running a Biriyani Shop for his livelihood. While so, on 22.04.2025, the petitioner came to the shop and demanded mamool from the defacto complainant and when he refused to give money, he abused and threatened the defacto complainant and his father at knife point. He has also taken a sum of Rs.1000/- from his pocket. Hence, the complaint.
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 anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the petitioner had demanded mamool from the defacto complainant at knife point and also taken away Rs.1000/- from his pocket. He further submitted that there are 11 previous cases of similar natu registered against the petitioner.
5. Heard both sides and perused the materials available on record. 4/2
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, 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 V Metropolitan Magistrate, Egmore, Chennai, 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, except on those days during which he is required to appear in another case by filing appropriate petition through his counsel;
[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 5/2
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; M. NIRMAL KUMAR.,J.
gv [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 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. Learned V Metropolitan Magistrate, Egmore, Chennai
2. The Inspector of Police K-9, Thiru. Vi.Ka. Nagar Police Station, Chennai.
3. The Superintendent, Central Prison, Puzhal
4. The Public Prosecutor High Court, Madras CRL OP NO. 14650 of 2025 6/2