Dinesh Kumar v. State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2025
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.21973 of 2025 Dinesh Kumar ... Petitioner -vsState Rep by, The Inspector of Police, Vellore South Police Station, Vellore District.
(Crime No.140 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.140 of 2025, on the file of the Inspector of Police, Vellore South Police Station, Vellore District.
For Petitioner :
Mr.S.Silambu Selvan For Respondent :
Mr.S.Udayakumar, Government Advocate (Crl. Side) ********** 1/6
ORDER
The petitioner, who who apprehends arrest for the alleged offence punishable under Sections 296(b), 115(2), 308(2), 351(3) of BNS, 2023 (U/s.294(b), 323, 384, 506(ii) of IPC) in Crime No.140 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of prosecution is that the defacto complainant is studying 3rd year in Private College, Vellore. On 20.07.2025 the defacto complainant went to his aunt's house along with his friend, at that time another friend of defacto complainant called him to drop him at Velappadi Main Road, therefore the defacto complainant along with his friend, while standing near Velappadi graveyard, there A2, A3 and the petitioner comes in a bike and robbed Rs.20,000/- from his ATM card and also get another Rs.20,000/- from the defacto complainant's father account, later only the defacto complainant realized that A1 was behind all the incident. Hence this case.
3. The learned counsel appearing for petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
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4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the no previous case is pending against the petitioner and co-accused already released on bail. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances, and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. 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 No.1, Vellore, 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 petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.140 of 2025 and the victim is permitted to withdraw the same without prejudice to the right and contentions, within a period of two weeks from the date of 3/6
receipt of a copy of this order and shall produce the receipt for the same before the Court below.
(b) 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;
(c) the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for the period of twelve weeks.
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;
(f) 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 4/6
Kerala [(2005) AIR SCW 5560]; and;
(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
11.09.2025 rna 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.1, Vellore.
2.The Inspector of Police, Vellore South Police Station, Vellore District.
3.The Public Prosecutor, High Court, Madras.
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T.V.THAMILSELVI, J.
rna Crl.O.P.No.21973 of 2025 11.09.2025 6/6