Vinith Kumar, v. State By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Vinith kumar, Petitioner(s) Vs State by Inspector of Police, J-8, Neelankarai Police station, Chennai. (Crime No. 480 of 2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Cr.No.480 of 2025 on the file of the respondent police For Petitioner(s):
Mr.Venkadesh Kumar M For Respondent(s):
Mr.S.Udayakumar Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 287 & 110 of BNS, in Crime No.480 of 2025, seek anticipatory bail.
2. The case of the prosecution is that originally, a complaint was lodged on 25.07.2025, alleging that crackers being thrown during a funeral procession by one Gopinath and the petitioner/Vinith Kumar on the road which caused injuries to a school girl who is the daughter of the defacto complainant and currently the victim girl admitted as an inpatient in the Government Royapettah Hospital. Hence, the case.
3.The learned counsel appearing for the petitioner would submit that the petitioner is one of the relatives of the deceased person for whom the funeral was happened and he was merely walking along side of the funeral procession and has been wrongly implicated in the case. Hence, he prayed for grant of anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submit that there are totally two accused and the petitioner is arrayed as A1. He would submit that A2 already arrested and subsequently enlarged on bail. He would submit that during
the funeral procession, the petitioner along with other accused thrown the crackers, due to which, the the daughter of the defacto complainant had sustained severe injuries on her eye and also on her face while she was returning from the school. He would submit that the victim is taking treatment and a photograph of the victim has been produced before this Court. 5.Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (Crl.side) and perused the materials available on record.
6.
Taking note of the facts and circumstances of the case, the nature of allegations and since no custodial interrogation is required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate - I,
Shollinganallur, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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 on every Saturday at 10.30 a.m. for a period of eight weeks.
(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d) the petitioner shall not abscond 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
8. On considering the injuries sustained by the victim girl, this Court recommends that it is a fit case to refer, as per 357(A) (1) (2) and (6) of Victim Compensation Scheme. The Legal Services Authority, Chengalpattu, is hereby directed to pay a sum of Rs.1,00,000/- (Rupees One Lakhs Only) as interim medical expenses to the victim/injured, in the manner known to law and by referring the matter to the District Collector and get the amount based on the available schemes within a period of 4 weeks from the date of receipt of copy of this order and the injured is permitted to withdraw the above said amount. 10-09-2025 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 by Inspector of Police, J-8, Neelankarai Police station, Chennai. (Crime No. 480 of 2025).
2.The District Legal Services Authority, Chengalpattu.
3.The Judicial Magistrate-I, Sholinganallur.
4.The Public Prosecutor, High Court of Madras.
T.V.THAMILSELVI J.
gbi CRL OP No. 21663 of 10-09-2025