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Madras High CourtCRL OP/22204/2025granted

Vignesh v. The State Represented By The Inspector Of Police

2025-08-11Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.

Vignesh 2.

Tamilarasan 3.

Ajith Kumar ... Petitioners Vs.

The State represented by, The Inspector of Police, T-16, Semmancherry Police Station.

Chennai.

(Crime No.215 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.215 of 2025 on the file of the respondent Police. For Petitioners :

Mr.S.Ragu For Respondent :

Mr.L.Baskaran Government Advocate (Criminal Side)

O R D E R

The First Information Report in Crime No.215 of 2025, dated 24.06.2025, was registered at 09.00 hours by the respondent Police for the offences under Sections 331(4) & 305 of BNS, on the basis of the complaint 1/4

given by one Muthuraj, alleging that his tea shop was broke open during midnight and a sum of Rs.7000/-, kept in the cash box, was stolen. The respondent Police, by 11.00 a.m., had secured five accused persons and recovered a sum of Rs.950/- from A1 and on completion of the investigation, filed the final report on 26.06.2025 before the District Munsif cum Judicial Magistrate, Sholinganallur. The petitioners herein are arrayed as A3 to A5.

2. Learned counsel for the petitioners states that the petitioners are innocent persons with no bad antecedents and that they were arrested by the respondent Police on 24.06.2025 due to mistaken identity.

3. This Court, on perusal of the final report and the case diary file, is of the view that the petitioners are entitled to bail to conduct their case by engaging a counsel of their choice. Therefore, this Court is inclined to grant bail to the petitioners with certain conditions.

4. Accordingly, the petitioners are ordered to be released on bail upon executing a separate bond each 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 District Munsif cum Judicial Magistrate, Sholinganallur, and on further conditions that:

[a] The sureties shall affix their photographs and 2/4

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 attend the trial court on all hearing dates regularly, without fail;

[c] 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 11.08.2025 ham 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.

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Dr.G.JAYACHANDRAN , J.

ham To

1. The District Munsif cum Judicial Magistrate, Sholinganallur .

2. The Inspector of Police, T-16, Semmancherry Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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