← Library
Madras High CourtCRL OP/28487/2025partly allowed

Kangeyan @ Vinith v. State Rep By Inspector Of Police

2025-10-28Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Kangeyan @ Vinith

2. Gunasekar

3. Manohar

4. P.Sathiyanarayanan Petitioner(s) Vs State rep by inspector of police Kullanchavadi Police Station, Cuddalore District (Crime No. 274/2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on Anticipatory Bail in Crime No. 274/2025, pending investigation on the file of the respondent police For Petitioner(s):

Mr.Gopalakrishnan E For Respondent(s):

Mr.S.Udayakumar Government Advocate (Criminal Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 309(6) of BNS 2023, in Crime No.274 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The prosecution's case is that on 10.10.2025, at around 12.45 a.m, the defacto complainant and his uncle were sleeping at a public place (Chathiram) after finishing their work. The petitioners allegedly arrived at the scene on a two wheeler and attacked the defacto complainant with deadly weapons, snatched his Redmi mobile phone, and escaped from there. Hence, the complaint was registered against the petitioners.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent person and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioners and submitted that there are four accused in this case and 2 nd and 3 rd petitioners have already been arrested and they are

still in custody. He also submitted that investigation is pending. 5.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6.Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsel on either side, the investigation is pending and the 1 st and 4 th petitioners have no bad antecedents, considering the property involved in this case, this Court is inclined to grant anticipatory bail to the 1 st and 4 th petitioners on the certain conditions.

7.Accordingly, the 1 st and 4 th petitioners are directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) each to the credit of the Crime No.274 of 2025 and the defacto complainant is permitted to withdraw the same without prejudice to the right and contentions, and on such deposit, the st and 4 th petitioners are ordered to be released on anticipatory bail on executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two

sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Kurinchipadi, and on further conditions that: [a] the 1 st and 4 th petitioners and 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 1 st and 4 th petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[c] the 1 st and 4 th petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the 1 st and 4 th petitioners shall not abscond 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 1 st and 4 th petitioners in accordance with law as if the conditions have been imposed and the 1 st and 4 th petitioners 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 BNS.

8.

Accordingly, this criminal original petition in respect of 2 nd and rd petitioners is dismissed and in respect of 1 st and 4 th petitioners is ordered.

28-10-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State rep by inspector of police Kullanchavadi Police Station, Cuddalore District (Crime No.

274/2025) 2.The Judicial Magistrate, Kurinchipadi.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 28487 of 28-10-2025