Vishnu v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Vishnu ... Petitioner / Accused -vsState Rep. By The Inspector of Police, Vadavalli Police Station, Coimbatore District.

(Crime No.394 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C and 483 of B.N.S.S., 2023, to enlarge the petitioner on bail in Crime No.394 of 2025 pending on the file of the respondent police. For Petitioner : Mr.R.Thamaraiselvan For Respondent : Mr.V.J.Priyadarsana, Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.08.2025, for the alleged offence punishable under Sections 309(6), 311 and 351(3) of BNS, in Crime No.394 of 2025, on the file of the respondent police, 1/6

seeks bail.

2. The case of the prosecution is that the defacto complainant along with the petitioner went to attend his friend one Mr.Rukesh's sister marriage which was fixed on 28.08.2025 and stayed in his friend Sugumar's house at Maharani Avanue. On 28.08.2025 early morning at 01.00 AM to attend the marriage, the defacto complainant along with his friend drove in a bike near Kambar street junction, Maharani Avanue where he noticed a car bearing TN 38 DH 1409 parked near the said location. While crossing the car, the defacto complainant noticed some light inside the car and heard some scream from inside the car. On hearing the scream, the defacto complainant stopped the bike and looked inside the car and evidenced that an individual sat behind the driver seat, stabbed the driver several times. When the defacto complainant and his friend approached the car, that individual came out of the car and threatened the defacto complainant and his friend with knife and escaped from the occurrence place. Thereafter, the defacto complainant informed the police and contacted

108. When the defacto complainant enquired the victim about the incident, he stated that he drove a call taxi, while waiting near good shed road an individual approached him and asked him to drop him at Vadavelli. The victim informed the individual that if the car is not booked through the app, then it will costs 350/- to drop him at Vadavelli. The individual accepted the same and got into 2/6

the car. On reaching the said location, the victim demanded travel cost from the individual. Instead of paying, the accused took a knife out of his pocket and threatened the victim to handed over the money which he had. When the victim tried to call the police, the accused put the knife on the victim's throat and grabbed 500 rupees from the victim's pocket and stabbed him several times. Hence this case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and he is in judicial custody from 28.08.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report and the detention order issued by the office of the Commissioner of Police, Coimbatore City dated 29.09.2025.

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 3/6

7. Accordingly, the petitioner is ordered to be released on bail on his 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.VI, Coimbatore, 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 concerned Judicial Magistrate at 10.30 a.m on every Monday to Friday and appear before the respondent police at 10.30 a.m on every Saturday and Sunday until further orders;

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

[d] the petitioner shall not tamper with the 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 4/6

5560];

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

03.10.2025 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 official website of this Court will be watermarked and will also have a QR code.

To 1.The learned Judicial Magistrate No.VI, Coimbatore.

2.The Inspector of Police, Vadavalli Police Station, Coimbatore District.

3.The Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

N.SENTHILKUMAR, J.

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