Vignesh @ Ulavitta Vikky v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Vignesh @ Ulavitta Vikky ... Petitioner Vs.

State represented by The Inspector of Police, M-1, Madhavaram Police Station, Chennai.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in M-1, Madhavaram Police Station in Crime No.855 of 2024 pending investigation on the file of the respondent Police.

For Petitioner :

Mr.J.Rajkumar For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side.)

O R D E R

Petition seeking bail in respect of Crime No.855 of 2024 registered for the offences punishable under Sections 309(4) & 311 of BNS is on board for consideration.

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2.The incarceration of the petitioner being from 04.10.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that earlier the petitioner was detained under Act 14 and later the same was revoked by the Advisory board on 03.12.2024 in G.O.Rt.No.8388. He also submits that the petitioner is no way connected with the alleged offences and he is ready to abide by any stringent condition that may be imposed by this court. 3.The case of the prosecution as putforth by the learned Government Advocate appearing for the respondent police, opposing for grant of bail, is that the petitioner along with other accused waylaid the de facto complainant, assaulted him and took away a mobile from him at knife point.

He further submits that there are three previous cases against the petitioner. 4.Having heard the learned counsel for the petitioner and the learned Government Advocate for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.

petitioner) each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Madhavaram 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, everyday at 06.30 p.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 16.12.2024 sai 3/4

A.D.JAGADISH CHANDIRA, J.

sai To 1.District Munsif cum Judicial Magistrate, Madhavaram 2.The Inspector of Police, M-1, Madhavaram Police Station, Chennai.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

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