Vallinayagam @ Valli v. State Of Tamil Nadu Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-07-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Vallinayagam @ Valli Petitioner(s) Vs State Of Tamil Nadu Rep.By, The Inspector Of Police, Nallur Police Station, Tiruppur City.
Tiruppur District. Cr.No.351 Of 2024.
Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with the case in Crime No.351/2024 pending investigation on the file of the respondent police.
For Petitioner(s):
Mr.K. Sathish Kumar For Respondent(s):
Mr.R.Vinothraja Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 31.07.2024, for the offence punishable under Sections 392, 395 and 397 of IPC, in Crime No.351 of 2024, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner along with co-accused alleged to have committed robbery of Rs.2,50,000/- by assaulting the defacto complainant who is a sales man attached to the Tamil Nadu State Marketing Corporation. 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 was earlier detained under Goondas Act and the said detention order was set aside by this Court in H.C.P.No.140 of 2025 vide order dated 14.03.2025. He further submitted that A2 to A7 were granted bail. 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, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the cash is yet to be recovered. He further submitted that the petitioner has got 31 previous cases against him.
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 and the period of incarceration, 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 IV, Tiruppur 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., and 5.30 pm., except on the court hearing dates concerning other cases pending against the petitioner;
[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.
01-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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.State Of Tamil Nadu Rep.By, The Inspector Of Police, Nallur Police Station, Tiruppur City.
Tiruppur District. Cr.No.351 Of 2024.
2.The Judicial Magistrate No.IV, Tiruppur 3.The Central Prison, Coimbatore.
4.The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR J.
gbi CRL OP No. 18593 of 01-07-2025