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Madras High CourtCRL OP/25849/2025granted

Vasanth v. State Rep By The Inspector Of Police

2025-09-19Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR 1.Vasanth 2.Surendar ... Petitioners/A5 & A7 Vs.

State: Rep. by The Inspector of Police, Veppadai Police Station, Namakkal District.

(Crime No.129 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail pending investigation in Crime No.129 of 2025 on the file of the respondent police. For Petitioner : Mr.M.Vijayaragavan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 23.07.2025 for the alleged offences punishable under Sections 127(2), 115(2), 118(1), 308(4) and 351(2) of BNS, 2023, in Crime No.129 of 2025 1/6

on the file of the respondent police, seek bail.

2. Earlier, the petitioners had moved a bail petition before this Court in Crl.O.P.No.23251 of 2025 and the same was dismissed by this Court on 21.08.2025 on the ground that the investigation in this case is yet to be completed.

3.The learned counsel for petitioners submitted that after dismissal of the earlier bail petition, this Court had granted bail to the co-accused/A6 in Crl.O.P.No.25426 of 2025 by the order dated 16.09.2025. Hence, he prayed to grant bail to the petitioners.

4.This court, while granting bail to A6, observed that the petitioner therein was not having any previous case, wherein, these petitioners are alleged to have three previous cases, one under Prohibition Act, one under NDPS Act and one under Section 506(ii) of I.P.C. However, considering the change in circumstances after the dismissal of the petitioners' earlier bail petition, this Court is inclined to grant bail to the petitioners with certain conditions.

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7. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) each, with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Kumarapalayam, Namakkal District 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks, thereafter as and when required for interrogation;

[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];

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[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 19.09.2025 rsi 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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To 1.The Judicial Magistrate, Kumarapalayam, Namakkal District.

2.The Inspector of Police, Veppadai Police Station, Namakkal District.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

rsi 19.09.2025 6/6