Tamilselvan v. The State Rep. By The Inspector Of Police,
M.NIRMAL KUMAR,J.
This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.
2. The learned counsel appearing for the petitioner submitted that this Court on 09.07.2025 has granted bail to the petitioner in Crl.O.P.No.16944 of 2025, however, in the order copy it has been wrongly mentioned as Crl.O.P.No.16994 of 2025 instead of Crl.O.P.No.16944 of 2025 and the same needs to be rectified. Hence, he prayed for suitable directions.
3. Registry is directed to carry out the necessary correction and issue order copy afresh and also delete the wrong order uploaded in Crl.O.P.No.16994 of 2025 on 09.07.2025.
16.07.2025 Sma
M.NIRMAL KUMAR,J.
sma 16.07.2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.16994 of 2025 Tamilselvan ... Petitioner Vs.
The State of Tamil Nadu, Rep. by The Inspector of Police, Anaicut Police Station, Vellore District.
(Cr.No.21 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.21 of 2025 pending on the file of the respondent. For Petitioner :
M/s.D.Thirumoorthy For Respondent :
Mr.R.Vinoth Raja Government Advocate (Crl. Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 07.03.2025, for the offence punishable under Sections 309(b), 311 and 351(2) of BNS Act, 2023 [ Sections 390, 397 and 506 of IPC] in Crime No.21 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner had committed theft of 2 1/2 sovereigns of gold chain from the house of the defacto complainant. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. 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 (Crl. Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of bail to 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 counsels on either side, 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 No.V, Vellore 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 daily at 10.30.a.m., till the filing of the charge sheet and thereafter before the trial Court on every Monday at 10.30.a.m., until further orders; [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 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. 09.07.2025 sma
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.Judicial Magistrate No.V, Vellore 2.The Inspector of Police, Anaicut Police Station, Vellore District.
3.The Central Jail, Vellore.
4.The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR, J.
sma Crl.O.P.No.16994 of 2025
09.07.2025