Vijay Alias Nagaraj v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-07-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR
1. Vijay Alias Nagaraj
2. Vengadesh Alias Venkatesh
3. Muni Petitioners Vs State Rep. by The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District. Crime NO.254/2025 Respondent PRAYER Criminal Original Petition filed under Section 483 of BNSS, pleased to release the petitioners on bail in Crime No.254 of 2025 on the file of the respondent/police.
For Petitioner(s):
Mr.M.P.Saravanan For Respondent(s):
Mr.R.Vinothraja Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 23.06.2025, seeking bail in Crime No.254 of 2025 registered for the offence under Sections 191(2), 191(3), 296(b), 115(2), 118(1) of BNS Act [Section 147, 148, 294(b), 323, 324 of IPC] and Section 3(1) of TNPPDL Act.
2. The case of the prosecution is that on 22.06.2025, there was a wordy quarrel between two groups, at that time the petitioners have threatened the defacto complainant to stop the tree plantation program and abused him by using filthy language and also assaulted him by using knife and stone and caused injury to him. Hence, the case.
3. Learned counsel appearing for the petitioners submitted that the allegations are false and that the petitioners had lodged the counter case against the defacto complainant in Crime No.253 of 2025 and in any case, petitioners are in custody from 22.06.2025; and that further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioners.
4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and also submitted that, on the date of occurrence, there was a quarrel arose in between two groups, at that time the petitioners have threatened the defacto complainant to stop the tree plantation program and abused him by using filthy language and assaulted him by using knife and stone and caused injury to him and threatened him with dire consequences and committed the alleged offence. In this case, investigation is at initial stage. At this stage, if the petitioners are released on bail, it will affect the investigation.
5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Considering, nature of allegations against the petitioner; that the fact that there is a counter case registered against the defacto complainant; period of incarceration; and since further custody is not required for the purpose of investigation, 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 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 II, Krishnagiri 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 petitioners shall repot before the respondent police, everyday at 10.30 a.m., for a period of three 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 aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate
action against the petitioners in accordance with law as if the 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)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
03-07-2025 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.State Rep. by The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District. Crime NO.254/2025 2.The Judicial Magistrate II, Krishnagiri
3. The Superintendent, Central Prison, Salem.
4. The Public Prosecutor, High Court, Madras.
M.NIRMAL KUMAR J.
gbi CRL OP No. 18887 of 03-07-2025