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Madras High CourtCRL OP/35376/2025granted

Vishnu Kumar v. The Tamilnadu State Rep.By, The Sub Inspector Of Police,

2025-12-26Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.12.2025

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Crl.O.P.No.35376 of 2025

1. Vishnu Kumar

2. Sambath ... Petitioners Vs.

State represented by The Sub Inspector of Police, Jolarpet Police Station, Thirupathur District.

(Crime No.382 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioners on bail in Crime No.382 of 2025 on the file of the respondent police.

For Petitioners : Mr.E.Kannadasan For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 21.11.2025, for the alleged offences punishable under Sections 191(2), 127(7), 308(2), 115(2), 351(2) of BNS, 2023 (Under Section 147, 347, 384, 323, 506(ii) of IPC in Crime No.382 of 2025, on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that due to land dispute, the petitioners attacked the defacto complainant. Due to which, the defacto complainant sustained injuries.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners have been suffering incarceration from 21.11.2025 and they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed bail for the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there is no previous case pending against the petitioners. He further submitted that the injured has been discharged from the hospital. However, he opposed for grant of bail to the petitioners.

5. Heard both sides and perused the materials available on record including the First Information Report.

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6. Considering the rival submissions made by the learned counsel on either side, the nature of the offence, the fact that there is no previous cases pending against the petitioners and taking into account the period of incarceration undergone by them from 21.11.2025, this Court is inclined to grant bail to the petitioners subject to certain conditions. [a] Accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.I, Thirupattur, and on further conditions that:- [b] the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

[d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

26.12.2025 kmm 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.I, Thirupattur.

2. The Sub Inspector of Police, Jolarpet Police Station, Thirupathur District.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

kmm Crl.O.P.No.35376 of 2025 26.12.2025 6/6