Vignesh @ Vicky @ Kulla Vicky v. State Rep By Its, 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 @ Kulla Vicky ... Petitioner/A2 Vs.

The State rep by The Inspector of Police, Vettavalam Police Station, Thiruvannamalai.

(Crime No.68 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail pending investigation in Crime No.68 of 2025 on the file of the Respondent police. For Petitioner :

Mr.R.Thirugnanam For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 20.05.2025, for the offences punishable under Sections 191(2)(n), 191(3), 127(2), 1/6

296(b), 118(1), 109(1) and 351(3) of BNS, 2023 in connection with Crime No.68 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that there was a previous enmity between the accused persons and de-facto complainant. On the date of occurrence, the petitioner along with other accused attacked the de-facto complainant with deadly weapons, thereby the de-facto complainant sustained multiple injuries all over the body and thereafter admitted in the hospital. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the co-accused/A4 & A5 were already released on bail. Hence, he prayed to grant bail to the petitioner. 4.The 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 in this case A1 is the Juvenile, A4 & A5 already released on bail. He further submitted that the petitioner has got 10 previous cases.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the submissions made on either side and the period of incarceration undergone by the petitioner and the fact that co-accused were already released on bail, 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 District Munsif cum Judicial Magistrate, Kilpennathur, Thiruvannamalai District, 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 stay at Chennai and report before the Esplanade Police Station, everyday at 10.30 a.m., for a period of three weeks except when he required to appear before the trial Court for hearing in connection with other cases and thereafter as and when required for further interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; 3/6

[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 rsi 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 4/6

also have a QR code.

To 1.The District Munsif cum Judicial Magistrate, Kilpennathur, Thiruvannamalai District.

2.The Inspector of Police, Vettavalam Police Station, Thiruvannamalai.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

rsi 01.07.2025 6/6