Mani @ Vettaimani 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 Mani @ Vettaimani ... Petitioner Vs.
State Rep. by The Inspector of Police, Yethapur Police Station, Salem District.
(Crime No.273 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with Crime No.273 of 2025 on the file of the respondent police. For Petitioner :
Mr.A.Ramesh 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 09.06.2025, for the offences punishable under Sections 191(2), 191(3), 296(b), 140(1), 127, 115(1), 118(1), 109(1) of BNS and Section 4 of 1/7
TNPHW Act altered to Sections 191(2), 191(3), 296(b), 140(1), 127, 115(1), 118(1), 109(1), 270, 351(3) of BNS and Section 4 of TNPHW Act in connection with Crime No.273 of 2025, registered on the file of the respondent, seeks bail.
2.The case of the prosecution is that on 06.06.2023 when the defacto complainant and her friend were going under the bridge of Pethanaickenpalayam, four persons came in an auto, out of them, A1 knocked the left shoulder of the defacto complainant and abused her using filthy words. Therefore, the defacto complainant called her cousin, who came there and at that time, A1 abused him in filthy words and tried to assault him. While so, on 07.06.2025 the petitioner/A2 and other accused kidnapped one Danush, who is the friend of defacto complainant's cousin and assaulted him. The petitioner/A2 assaulted him using knife, thereby the de-facto complainant sustained cut injury and admitted in the hospital. Hence, the case.
3.The learned counsel for the petitioner submitted that the 2/7
petitioner is an innocent person. There was some community dispute between two community people in the Village. Hence, the petitioner has been falsely implicated in this case. He further submitted that the injured has been discharged from the hospital on 09.06.2025 and he prays to grant 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 injured sustained grievous injury. He further submitted that the injured was discharged from the hospital.
5. Heard both sides and perused the materials available on record.
6. Considering the submissions made by the learned counsels on either side, the period of incarceration undergone by the petitioner and the injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioner with certain conditions. 3/7
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 No.I, Attur, 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., until further orders;
[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 4/7
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 cse 5/7
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.I, Attur.
2.The Inspector of Police, Yethapur Police Station, Salem District.
3.The Superintendent, Central Prison, Salem.
4.The Public Prosecutor, High Court of Madras.
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M.NIRMAL KUMAR, J.
cse 01.07.2025 7/7