Saleem@Vignesh v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2025
CORAM
THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR Saleem @ Vignesh ... Petitioner Vs The State represented by The Inspector of Police, M-8, Sathangadu Police Station Chennai.
(Crime No.233 of 2025) ... Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in Crime No.233 of 2025 pending investigation, on the file of the respondent Police.
For petitioner : Mr.V.Karthick For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side) 1/7
ORDER
The petitioner, who was arrested and remanded to judicial custody on 13.07.2025, for the offences punishable under Sections 296(b) & 351(3) of BNS & 3 of TNPPDL Act, in Crime No.233 of 2025 registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that on 12.07.2025 at about 10.00 p.m., when the defacto complainant parked his car in front of his house and got inside the house and subsequently at about 11.30 p.m., when the defacto complainant was sleeping, the petitioner came to the house and pelted stones over the car and damaged the car mirror and he threatened with dire consequences. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further 2/7
voluntarily submitted that the petitioner, in order to show his bonafide, is ready and willing to deposit a sum of Rs.5,000/- to the credit of the Crime No.233 of 2025 without prejudice to his right and defence in the above case. Hence, he prays for grant of 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 the accused has got two previous cases against him.
5. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side, this Court is inclined to grant bail to the petitioner with certain conditions. 3/7
6. Accordingly, the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) to the credit of Crime No.233 of 2025 and the trial Court shall deposit the same in an interest bearing account and on such deposit, 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, Thiruvottiyur 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 everyday at 10.30 a.m., for a period of 4/7
two weeks, thereafter as and when required for interrogation;
[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 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];
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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
31.07.2025 dna To:
1.The Judicial Magistrate, Thiruvottiyur.
2.The Inspector of Police, M-8, Sathangadu Police Station Chennai.
(Crime No.233 of 2025) 3.The Central Prison, Puzhal-II.
4.The Public Prosecutor, High Court Madras.
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M.NIRMAL KUMAR, J.
dna 31.07.2025 7/7