Velmurugan v. State Rep 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 Velmurugan ... Appellant Vs.
The State rep. by The Inspector of Police Vellavedu Police Station Thiruvallur District Crime No.184 of 2025 ... Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in in Crime No.184 of 2025 on the file of the respondent police. For Petitioner : Mr.A.Vijayasankar For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side) For Intervenor : Mr. K.Sarathkumar
ORDER
The petitioner, who was arrested and remanded to judicial custody on 08.08.2025 for the alleged offences under Sections 296(b), 115(2), 329(4), 118(2), 351(3), 109 of BNS in Crime No.184 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 17.07.2025 in the midnight, when the husband of the defacto complainant was sleeping outside her house. the petitioner who came with deadly weapons, by scolding her husband with filthy language, assaulted him on his face with knife and also attacked with iron rod. On hearing the noise, the defacto complainant and her daughter and sister-in-law came out and when they attempted to prevent the petitioner, he pushed them and also caused injuries to her daughter and sister-in-law. 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 due to previous enmity. He would further submit that the parties are relatives and already a civil dispute is pending between them and that the petitioner has been suffering incarceration for more than 30 days from 08.08.2025.
4. The learned Government Advocate (Crl. Side) appearing for respondent raised objections and submitted that the petitioner is the sole accused and due to land dispute, the petitioner attacked the husband of the defacto complainant with knife and iron rod. However, he submitted that the injured has been discharged from the hospital.
5. The learned counsel appearing for the intervenor by raising objections submitted that in the said incident, the husband of the defacto complainant sustained severe injuries on his face and eye and also sustained fracture in his left hand.
6. Considering the facts and circumstances of the case and the fact that the injured has been discharged from the hospital and also considering the period of incarceration undergone by the petitioner from 08.08.2025, this Court is inclined to grant bail to the petitioner subject to the following condition:-
7. Accordingly, the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen thousand only) to the credit of Crime No.184 of 2025, and on such deposit, the petitioner is ordered to be released on bail on 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 No.II, Poonamallee, and on further conditions 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 Tuesday and Saturday at 10.30 a.m. for a period of eight weeks and thereafter as and when required.
(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 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 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 229-A IPC.
(g) The petitioner shall produce the deposit receipts before the concerned Magistrate. On such deposit, the victim shall be permitted to withdraw the deposit amount of Rs.15,000/- on proper identification and acknowledgment.
11.09.2025 ksa-2 To
1. The Judicial Magistrate No.II, Poonamallee. 2.The Inspector of Police Vellavedu Police Station Thiruvallur District
3. The Superintendent of Prison, Central Prison-II, Puzhal
4. The Public Prosecutor, High Court, Madras 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.
T.V.THAMILSELVI J.
ksa-2 11.09.2025