Vivek @ Periyasamy v. State By, The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR Vivek @ Periyasamy ... Petitioner(s) /Accused 5 Vs.
State represented by the Sub-Inspector of Police, Vettavalam Police Station, Tiruvannamalai District. ... Respondent(s)/ Complainant Crime No.44 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with Crime No.44 of 2025 on the file of the respondent police.
For petitioner(s) : Mr.A.Murugavel For Respondent(s) : Mr.V.J.Priyadarsana Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 09.03.2024, seeking bail in Crime No.44 of 2025 registered for the offences under Sections 191(2), Page No.1 of 7
191(3), 140(1), 142(2) and 103(1) of BNS.
2. The case of the prosecution is that, due to the dispute with regard to money transaction, petitioner along with other accused attacked the deceased, due to which, the deceased sustained injuries and died. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in custody from 09.03.2024, and that in any case, further custody of the petitioner is not required and prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that due to the dispute with regard to money transaction, petitioner along with other accused attacked the deceased, due to which, the deceased sustained injuries and died. He further submitted that the petitioner has no bad antecedents. However, he opposed for grant of bail Page No.2 of 7
to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, and also considering the fact that the petitioner has no bad antecedents, this Court is inclined to grant bail to the petitioner, subject to 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 District Munsif cum Judicial Magistrate, Kilpennathur, 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; Page No.3 of 7
[b] the petitioner shall report before the jurisdictional Judicial Magistrate from Monday to Friday at 10.30 a.m., and shall appear before the respondent Police on Saturday and Sunday at 10.30 a.m., until further orders;
[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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.
21.05.2025 Index : Yes/No Page No.4 of 7
Speaking Order/Non Speaking Order Internet: Yes/No skr/dpa 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 official website of this court will be watermarked and will also have a QR code.
To
1. District Munsif cum Judicial Magistrate, Kilpennathur
2. The Superintendent of Prison, Central Prison, Vellore.
3. Sub-Inspector of Police, Vettavalam Police Station, Tiruvannamalai District.
4. The Public Prosecutor, Madras High Court, Chennai.
Page No.5 of 7
N.SENTHILKUMAR, J.
skr/dpa Page No.6 of 7
21.05.2025 Page No.7 of 7