Vijayakumar @ Muthu v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.32549 of 2025 Vijayakumar @ Muthu Petitioner Vs The State Represented by The Inspector of Police, Redhills Police Station, Tiruvallur District.
Crime No.697 of 2025.
Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.697 of 2025 on the file of the respondent police. For Petitioner:
Mr.P.Muthamizh Selvakumar For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 27.10.2025 for the alleged offence punishable under Sections 126(2), 296(b), 309(4), 311, 324(4), 125, 351(3), BNS r/w 317(4) of BNS, 2023 in Crime No.697 of 2025, seeks bail.
2. The allegation against the petitioner is that the petitioner is ranked as A2 in this case. It is alleged that the A1 used to snatch mobile phones and hand them over to the petitioner, and during the search conducted in the petitioner's shop, 29 mobile phones were recovered. Hence, the complaint.
3. Learned counsel appearing for the petitioner submitted that the petitioner was not involved in the snatching of mobile phones. He further submitted that he was only a receiver and was not aware of the mobile phones kept in his shop, and that A1, who was working in his shop, had kept the mobile phones without his knowledge. He further submitted that
the petitioner is in judicial custody since 27.10.2025. 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 submitted that 21 mobile phones were recovered from the petitioner's shop and that he had actively participated in receiving the stolen property. Hence, he opposes to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions made by the learned counsel on either side, the fact that the property was recovered, and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner.
7. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty
Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Court No.II, Ponneri 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 respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.
[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 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 27.11.2025 drl
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 Judicial Magistrate No.II, Ponneri.
2.The Inspector of Police, Redhills Police Station, Tiruvallur District.
3.The Superintendent, Central Prison, Puzhal-II, Chennai.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.32549 of 2025
27.11.2025