Vijayakumar @ Viji v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL Vijayakumar @ Viji S/o. Chinnaraj ..Petitioner(s) Vs The State Rep By The Inspector of Police Vellore South Police Station, Vellore District.
(Crime.No.70 of 2026) ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS, 2023, praying to enlarge the petitioner on bail in the event of his arrest in CRIME.NO.70 OF 2026 on the file of the respondent police. For Petitioner(s):
Mr.K Sathish Kumar For Respondent(s):
Mr.S.Balaji Government Advocate (Crl.Side)
ORDER
The petitioner who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 126, 296(b), 115(2), 118(1) and 351(3) of BNSS, 2023, in connection with Crime No.70 of 2026 seeks anticipatory bail.
2. The case of the prosecution is that a dispute arose between the
petitioner and the defacto complainant in a relative's function. During the dispute, the accused abused the defacto complainant and assaulted him with a wooden log and a knife which resulted in the defacto complainant sustaining injuries. Hence the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he was not present in the scene of occurrence and he has not committed any such offence as alleged by the prosecution. He further submitted that his is a second anticipatory bail petition, no previous criminal case is pending against the petitioner, and he is ready to abide by the conditions that may be imposed by this Court. Hence, he prayed anticipatory bail for the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and further submitted that the petitioner had earlier preferred a bail application before this Court in Crl.O.P.No.10356 of 2026 and the same was dismissed by this Court on 30.04.2026. He also stated that the injured was treated as out patient in the hospital and hence, he opposed the grant of anticipatory bail to the Petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made by the learned counsel on either side, the nature of offences, and also the fact that the petitioner is having no previous case pending against him and the injured has been treated as out patient in the hospital, this Court is inclined to grant anticipatory bail to the petitioner subject to the following 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-I at 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 learned Magistrate concerned and on further condition that:
[a] the petitioner shall report before the respondent police on every Saturday at 10.00 a.m. for a period of four weeks and thereafter as and when required for interrogation;
[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; [c] the petitioner shall not leave India without the previous permission of the Court;
[d] the petitioner shall not abscond 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 abscond, a fresh FIR can be registered under Section 269 BNSS, 2023.
14-05-2026 MKA/SHA 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 the official website of this Court will be watermarked and will also have a QR code.
To:
1.The Judicial Magistrate-I, Vellore.
2.The Inspector of Police Vellore South Police Station, Vellore District.
3.The Public Prosecutor, Madras High Court, Chennai.
P.DHANABAL J.
MKA/SHA 14-05-2026