Vignesh @ Vicky v. The State 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 Vignesh @ Vicky Petitioner(s) Vs The State Rep by, The Inspector of Police, F-5, Choolaimedu Police Station, Chennai District. Cr.No.119/2025.
Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner accused on bail in Cr.No.119/2025 on the file of the respondent police. For Petitioner(s):
Mr.T.I.Ramanathan For Respondent(s):
Mr.R.Vinothraja Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 19.03.2025, seeking bail in Crime No.119 of 2025 registered for the offences under Sections 331(3), 305(a) of BNS.
2. The case of the prosecution is that the petitioner trespassed into the defaco complainant's house and committed theft of 272 grams of golden jewels and 298 grams of silver articles along with cash of Rs.20,000/-. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the allegation against the petitioner is false and in any case, petitioner is in custody from 19.03.2025 and further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) submitted that the majority of the stolen property has been recovered.
5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Considering the fact that the stolen property has been recovered; the petitioner is on bail in other case; and that since further custody is not required for the purpose of investigation, 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 XVII Metropolitan Magistrate Court at Saidapet, and on further conditions that: [a] 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 petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required; [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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 petitioner in accordance with law as if the 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)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 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.The State Rep by, The Inspector of Police, F-5, Choolaimedu Police Station, Chennai District. Cr.No.119/2025.
2.The XVII Mextropolitan Magistrate Court, Saidapet.
3. The Superintendent, Central Prison-II, Puzhal .
4. The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR J.
gbi CRL OP No. 18590 of 01-07-2025