Vignesh v. State Rep By The Inspector Of Police,
G.K.ILANTHIRAIYAN, J.
Today, the matter is listed under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.
2. Learned counsel for the petitioner submitted that this Court vide order dated 14.07.2025 had granted Anticipatory Bail to the petitioners in Crl.O.P.No.17410 of 2025 for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) however, the additional sections which were included during the alteration of FIR have not been mentioned in the order. Hence, in the first para of the order dated 14.07.2025 Sections 191(2), 191(3) & 118(2) of BNS shall be incorporated and fresh order copies may be issued.
3. In view of the above submission of the learned counsel for the petitioner, paragraph 1 of the order dated 14.07.2025 shall stand modified as under:- " The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3), 191(2), 191(3) & 118(2) of BNS in Crime No.199 of 2025, on the file of the respondent Police, seeks anticipatory bail."
G.K.ILANTHIRAIYAN, J.
Nhs
4. Registry is directed to carry out the necessary corrections in the Order and issue fresh order copy.
28.07.2025 Nhs
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K. ILANTHIRAIYAN
1. Vignesh
2. Yogaraj ... Petitioners
Versus
State rep. by, The Inspector of Police, Annadanapatty Police Station, Salem.
(Cr.No.199 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.199 of 2025 on the file of respondent Police.
For Petitioners : Mr.Sriram.V For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS in Crime No.199 of 2025, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the defacto complainant, due to which the petitioners assaulted the defacto complainant using a beer bottle. Hence, the case.
3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the custodial interrogation of the petitioners is not required and sought for anticipatory bail to the petitioners. 4.The learned Government Advocate(Crl.Side) reiterated the prosecution case and vehemently opposed for grant of anticipatory bail to
the petitioners.
5.Considering the above fact and circumstances of the case and since custodial interrogation of the petitioners is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Court of Judicial Magistrate No.IV, Salem, on condition that the petitioners shall execute a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and 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.
respondent police daily for a period of two weeks and thereafter as and when required for interrogation; [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 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 229A IPC.
14.07.2025 rap
To
1. The Court of Judicial Magistrate No.IV, Salem
2. The Inspector of Police, Annadanapatty Police Station, Salem.
3. The Public Prosecutor, High Court, Madras.
G.K. ILANTHIRAIYAN , J.
rap 14.07.2025