N.Vijaya Kumar v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.17904 of 2025 1.N.Vijaya Kumar 2.Suresh Kumar 3.Ravi Kumar 4.C.Chandra Sekar ... Petitioners Vs.

The State represented by The Inspector of Police, District Crime Branch, Krishnagiri District.

Crime No.8 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.8 of 2025 on the file of the respondent.

For Petitioners :

Mr.S.Sathish For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor 1/7

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 20.05.2025, for the offence punishable under Section 198, 316 (5), 318 (4), 336 (3), 337, 338 and 340 (2) of BNS, 2023 in Crime No.8 of 2025, registered on the file of the respondent, seeks bail. 2.The case of the prosecution is that there are totally eighteen accused. The petitioners are arrayed as A1 to A4 and they had created a forged document and executed a power of attorney in favour of A16. The subject property is a Government land. Hence, the case. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they had been falsely implicated in this case. The petitioners are in judicial custody from 20.05.2025 and hence, further custody of the petitioners is not required. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners. 4.The learned Government Advocate (Criminal Side) appearing for the 2/7

respondent police reiterated the prosecution case and submitted that in respect of the land belonging to the Government the petitioners had created a fake documents and executed a power of attorney in favor of A16. However, there was no transaction in respect of the subject property. Hence, he opposed for grant of bail to the petitioners.

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 undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned the Judicial Magistrate No.II, Krishnagiri, and on further conditions that:

[a] the sureties shall affix their photographs and 3/7

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 petitioners shall report before respondent Police Station daily morning at 10.30 a.m. and evening 5.30 p.m. for a period of fifteen days; thereafter as and when required for interrogation;

[c] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioners 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 petitioners 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 4/7

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. 23.06.2025 ep 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 NO.II, Krishnagiri.

2.The Inspector of Police, District Crime Branch, Krishnagiri District.

3.The Sub Jail, Hosur.

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4.The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN , J.

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