Vikas Kumar v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.28210 of 2025 Vikas Kumar ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Manali New Town Police Station, Tiruvallur (Crime No.359 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.359 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr.S. Ramachandran For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 18.09.2025, for the offences punishable under Sections 296(b), 109 & 351(3) of BNS Act in Crime No.359 of 2025, registered on the file respondent police, seeks bail.
2.
The case of the prosecution is that due to previous enmity the petitioner attacked the defacto complainant and abused him with unparliamentary language and assaulted him iron rod, due to which the defacto complainant sustained severe injuries on his face. Hence, this case. 3.
The learned counsel appearing for the petitioner submitted that he has not committed any offence as alleged by the prosecution and he was only present at the scene of occurrence. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.
4.
The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, 2/6
reiterated the prosecution case and submitted that the victim sustained severe facial injuries and there is one previous case pending against the petitioner. He further submitted that the injured was discharged from the hospital.
5.Considering the facts and circumstances of the case, the period of incarceration undergone by the Petitioner and that the injured was discharged from the hospital, this Court is inclined to grant bail to the petitioner herein with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail on their 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 No.II at Ponneri 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; 3/6
[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and 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];
[d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
15.10.2025 smn 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 No.II at Ponneri
2. The Inspector of Police, Manali New Town Police Station, Tiruvallur
3. The Superintendent, Central Prison-II, Puzhal
4. The Public Prosecutor, High Court of Madras.
K. RAJASEKAR, J.
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smn Crl.O.P. No.28210 of 2025 15.10.2025 6/6