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Madras High CourtCRL OP/34936/2025granted

Vinoth@Vinothkumar v. The State Rep By, The Inspector Of Police

2025-12-19Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.34936 of 2025 Vinoth @ Vinothkumar Petitioner Vs The State Represented by The Inspector of Police, Katpadi Police Station, Vellore District.

Crime No.445 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.445 of 2025 on the file of the respondent police. For Petitioner:

Mr.M.R.Thangavel For Respondent:

Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody

on 26.11.2025 for the alleged offence punishable under Sections 296(b), 115(2), 109, 309(4), 311, 351(3) of BNS, in Crime No.445 of 2025 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that he, along with the other accused joined hands and attempted to commit the murder of the deceased due to previous enmity. However, no injury was caused and the defacto complainant escaped from a spot. Hence, a complaint was lodged and the petitioner was arrested for the said offences.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody since 26.11.2025 and that he has no previous case against him. Hence, he prayed to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that there are four accused in this case and the petitioner is ranked as A4. He further submitted that the petitioner has no previous case and that the investigation is still pending. Hence, he opposed to grant bail to the petitioner.

5. Considering the submissions made by the learned counsel on either side, the fact that the petitioner has no previous case, and that no injury was sustained and considering the period of his incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is 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, Katpadi, 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 three 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.

19.12.2025 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, Katpadi.

2.The Inspector of Police, Katpadi Police Station, Vellore District.

3.The Superintendent, Central Prison, Thorapadi, Vellore.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J., drl CRL OP NO.34936 of 2025 19.12.2025