Vignesh v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Vignesh .. Petitioner Vs.
State Rep By:
The Inspector of Police, T-2, Ambattur Estate Police Station, Tiruvallur District.
(Cr.No.134/2025) .. Respondent PRAYER: Criminal Original Petition is filed under Section 483 of BNSS, to enlarge the petitioner on bail in pending investigation Crime No.134 of 2025 on the file of the respondent Police.
For Petitioner : Mr.A.Samson For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 14.03.2025, for the offence punishable under Sections 126(2), 296(b), 115(2), 324(2), 311, 125 & 351(3) of Bharatiya Nyaya Sanhita, 2023 in connection with Crime No.134 of 2025 on the file of the respondent, seeks Page No.1 of 6
bail.
2. The case of the prosecution is that the petitioner along with other accused, is alleged to have waylaid the defacto complainant and demanded money and also robbed Rs.750/- at knife point in his shop. Hence the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is detained in Goondas Act and later it was revoked on 12.05.2025. Since the petitioner is having some other cases, he has been falsely implicated in this case. He 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 bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner's brother is a gang leader, who was murdered on 17.07.2023 by the Rishikaran, Sujith and Kabilan. There is a rivalry between two groups and the life of the petitioner will be in danger, in the event of the petitioner being granted bail. He further submitted that he may be made to stay in Page No.2 of 6
some other place. The petitioner along with other accused had abused and assaulted the defacto complainant and also robbed Rs.750/- from the defacto complainant at knife point in his shop. The said amount has not yet been recovered and the petitioner is having 3 previous cases pending against him.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsel on either side and the period of incarceration undergone by the petitioner and he is ready to abide by any stringent 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) each with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Ambattur 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 is directed to stay at Trichy and report before the Page No.3 of 6
Cantonment Police Station, Trichy daily at 10.30 a.m. for a period of three weeks; thereafter as and when required for further interrogation except on those days he is required to appear before the trial court in other cases;
[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, they 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 law as if the aforementioned 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)13 SCC 283]; [g]If the accused thereafter absconds, a fresh FIR can be registered Page No.4 of 6
under Section 269 of B.N.S.
17.06.2025 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.
Page No.5 of 6
M.NIRMAL KUMAR, J.
gv To 1.The Judicial Magistrate, Ambattur.
2.The Inspector of Police, T-2, Ambattur Estate Police Station, Tiruvallur District.
3.The Superintendent, Central Prison, Puzhal-II, Chennai.
4..The Public Prosecutor, Madras High Court.
17.06.2025 Page No.6 of 6