Vasigaran v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Vasigaran Petitioner(s) Vs State rep by the Inspector of Police Poonamallee Police Station, Poonamallee Crime No.767 of 2025 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 483 of BNSS Ac to enlarge the petitioner on bail in the above Crime No.767 of 2025 pending on the file of the respondent police.

For Petitioner(s):

Mr.B.Ebenezer For Respondent(s):

Mr.A.Gopinath, GA (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.09.2025 for the offence punishable under Section 126(2), 296(b), 115(2), 125, 324(2), 309(4), 311, 351(3) of BNSS in Crime No.767 of 2025, registered

on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on September 24, 2025, at around 11.00 p.m., the petitioner and another accused waylaid the defacto complainant near Poonaamallee Bus Depot, demanded money, and upon refusal, robbed a sum of Rs.4,500/- at knifepoint. 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. He further submits that the petitioner is a B.Com student studying at M.G.R University and he has been suffering incarceration from 25.09.2025. Hence, he seeks for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that petitioner and other accused robbed a sum of Rs.4,500/- from the defacto complainant and till date no recovery has been made and the investigation in this case is pending and at this stage, if the

petitioner is granted bail, there is a possibility of tampering the witnesses and hampering the investigation, thereby, he opposed for grant of bail to the petitioner.

5.

Considering the facts and circumstances of this case,and also taking into account the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate II, Poonamalle, 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 petitioner shall report before the respondent police daily at 07.00 p.m., for a period of three weeks.

(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.

14-10-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

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.

To 1.The Inspector of Police Poonamallee Police Station, Poonamallee.

2. The Judicial Magistrate II, Poonamalle.

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 28052 of 14-10-2025