Mugesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No. 33631 of 2025 1.Mugesh 2.Hari @ Hariharan M.

... Petitioners/A2 & 5 Vs.

The State represented by The Inspector of Police, Sathuvacheri Police Station Vellore District Crime No. 282 of 2025.

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail in Crime No. 282 of 2025 on the file of respondent police. For Petitioner : Mr.G.Nirmal Krishnan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 20.11.2025, for the offences punishable under Sections 296(b), 191(2), 191(3), 118(1), 351(3), 109(1) of BNS, 2023 [Corresponds to Section 294, 1/6

147, 148, 324, 506, 307 of IPC] in Crime No.282 of 2025, registered on the file respondent police, seek bail.

2. The allegation against the petitioners is that the petitioners joining hands with 8 other accused attacked the de-facto complainant with knife due to previous enmity and the de-facto complainant severely injured. Hence the complaint was lodged and the petitioner was arrested.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He further submits that the petitioners have no previous case and they are in judicial custody from 20.11.2025. He further submits that the co-accused was already granted bail in Crl.O.P.No. 33215 of 2025, dated 04.12.2025. He further submits that the petitioners are ready to abide any condition imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submits that there are totally nine accused had involved in this case and the petitioners are ranked as A2 and A5. He further submits that the petitioners have no previous case and that the injured is discharged from the hospital. He further submits that the co-accused was already granted bail in Crl.O.P.No. 33215 of 2025, dated 2/6

04.12.2025. However, he opposed for grant of bail to the petitioners. 5.Heard both sides and perused the materials available on record.

6. Considering the fact that the period of incarceration undergone by the petitioners; that the co-accused was already granted bail in Crl.O.P.No. 33215 of 2025, dated 04.12.2025; that the injured is discharged from the hospital; that the petitioners have no previous antecedents, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are 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, for a like sum to the satisfaction of the learned Judicial Magistrate-V, Vellore, 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] that the petitioner shall report before the respondent police station everyday at 10:30 a.m., for a period of two 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.

09.12.2025 MSM Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6

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.V, Vellore.

2.The Superintendent, Central Prison, Vellore.

3.The Public Prosecutor High Court of Madras.

4.The Inspector of Police, Sathuvacheri Police Station Vellore District Crime No. 282 of 2025.

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K.RAJASEKAR J.

MSM CRL OP No. 33631 of 09.12.2025 7/6