Vijay v. The State Rep By The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2025

CORAM

THE HONOURABLE JUSTICE K.RAJASEKAR Crl.O.P.No.34279 of 2025 Vijay ... Petitioner Vs.

State Rep by Station House Officer, Mandharakuppam Police Station, Cuddalore District.

... Respondent (Cr.No.141 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.141 of 2025 on the file of the respondent Police Station. For Petitioner : Mr.M.Ragul Kousik For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 04.10.2025 for the alleged offence under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 310(1), 351(3), 140(3) of BNS, 2023 in Crime No.141 of 2025 on the file of the respondent police, seeks bail. 1/6

2. The case of the prosecution is that due to previous enmity, the petitioner joining hands with other accused formed an unlawful assembly and attacked the defacto complainant with deadly weapons and caused grievous injuries to him. Further, they have attempted to abduct him. Hence, complaint was lodged against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he is in judicial custody from 04.10.2025. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that the petitioner is having three previous cases. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record. 2/6

6. This Court earlier dismissed the bail application of the petitioner on 25.10.2025 in Crl.O.P.No.28995 of 2025. After considering the gravity of the offence, now it is reported that co-accused arrested were also released on default bail. Further, it is reported that the petitioner is involved in 3 previous cases; considering the period of incarceration, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Neyveli, 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 Trial Court daily at 10.30 a.m., for a period of four weeks. [c] the petitioner shall not abscond either during investigation or trial;

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[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 5560];

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

15.12.2025 mpa 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 District Munsif-Cum-Judicial Magistrate, Neyveli.

2. The Station House Officer, Mandharakuppam Police Station, Cuddalore District.

3.The Superintendent, Central Jail, Cuddalore.

4. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

mpa Crl.O.P.No.34279 of 2025 15.12.2025 6/6