Vikki @ Vignesh v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.Vikki @ Vignesh 2.Pasupathi ... Petitioners -VsState Rep. by The Inspector of Police, Vaniyambodi Town Police Station, Thirupathur District.
(Cr.No.148 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.148 of 2025 on the file of respondent Police.
For Petitioners : Mr.E.Kannadasan 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 u/s 296(b), 115(2), 118(1), 351(3) of BNS, 2023 r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.148 of 2025, on the file of the respondent Police, seek anticipatory bail.
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2. The case of the prosecution is that there was a previous enmity between the petitioners and the defacto complainant. Whileso, on 11.06.2025, village festival was going on and the defacto complainant was in his house, at that time, the 2nd petitioner went there and quarrelled with him and he kept quite and when inside of his house. On the same day, at about 04.30 p.m., when the defacto complainant was in Thee Mithi Festival, the petitioners and other accused persons went there and picked up a quarrel with him and also scolded him with filthy language and the 2nd respondent fisted on his body and other accused persons have also attacked him and his sister, who tried to rescue him, was also attacked by the 2nd petitioner and A1 attacked the defacto complainant with knife on his wrist. The relatives, who tried to rescue them was also attacked by them and the injured was taken to hospital. Hence, the case.
3. The learned counsel appearing for the petitioners submits that there is a case in counter case against the defacto complainant and a false case has been foisted against the petitioners. Hence, he prays for anticipatory bail to the petitioners.
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4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured has been discharged from Hospital. However, he vehemently opposed for grant of anticipatory bail to the petitioners.
5. Considering the above facts and circumstances of the case and also taking note of the fact that the injured has been discharged from the hospital, 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 made ready, before the learned J.M. Vaniyambodi on condition that each of the petitioners shall execute 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 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:
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[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; [b] the petitioners shall appear before the respondent police everyday at 10.30 a.m. for a period of two (2) weeks and thereafter, as and when required for interrogation;
[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] 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 the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283;
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 14.07.2025 sp To Page No.4 of 6
1.The J.M. Vaniyambodi.
2.The Inspector of Police, Vaniyambodi Town Police Station, Thirupathur District.
3.The Public Prosecutor, High Court, Madras.
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G.K.ILANTHIRAIYAN, J.
sp 14.07.2025 Page No.6 of 6