Vickey Alias Vigneshwaran v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Vickey @ Vigneshwaran ... Petitioner / Accused No.4 Vs The State of Tamil Nadu represented by the The Inspector of Police, Madhagupattu Police Station, Sivagangai District.

(Crime No.279 of 2024) ... Respondent / Complainant For Petitioner : Mr.V.Vishnu Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.279 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- 1/5

The petitioner / Accused No.4, who was arrested and remanded to judicial custody on 03.12.2024 for the alleged offences under Sections 331(4) & 305(a) of BNS, in Crime No.279 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 10.11.2024, the house of the defacto complainant was broken open and the accused persons had taken away the silver articles. The specific case of the prosecution is that A1 and A3 committed the theft and A4 & A5 helped A1 to A3 in converting the silver articles into ingots and selling the same in the market. The petitioner has been arrayed as A4.

3. The learned Additional Public Prosecutor submitted that the petitioner was originally arrested in Crime No.358 of 2024 on the file of the Mayanur Police Station, Karur on 14.11.2024. While he was in Judicial Custody in that case, the petitioner was formally arrested in this case on 30.11.2024. The learned Additional Public Prosecutor further submitted that, there are six previous cases pending against the petitioner.

4. Heard the learned counsel on either side and perused the material records of the case.

5. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 03.12.2024 and taking note of the fact that, A5 was enlarged on bail by this Court in Crl.O.P.No.936 2/5

of 2024 by an order dated 17.01.2024 and the investigation has already been completed, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is 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 learned Judicial Magistrate No.2, Sivagangai, 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., until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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 3/5

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 of BNS, 2023.

sd/- 22/01/2025 / TRUE COPY / 22 / 01 /2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

SMA TO 1 THE JUDICIAL MAGISTRAE NO.2, SIVAGANGAI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, MADHAGUPATTI POLICE STATION, SIVAGANGAI DISTRICT.

4. THE OFFICER INCHARGE, SUB JAIL, KULITHALAI.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

IN CRL OP(MD) No.1128 of 2025 Date :22/01/2025 PSP/ /SAR /22.01.2025/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5