Vigneswaran v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Vigneswaran ... Petitioner/Sole Accused Vs The State of Tamil Nadu Rep. by The Inspector of Police, Alangudi Police Station, Puthukottai District.
Crime No.98 of 2025 ... Respondent/Complainant For Petitioner : Mr.R.Balamuruganantham, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.98 of 2025 on the file of the respondent-police. ORDER : The Court made the following order :- 1/5
This Criminal Original Petition has been filed by the petitioner on 08.04.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail.
2. The petitioner/Sole Accused was arrested and remanded to judicial custody on 31.03.2025 for the offences punishable under Section 25(1A) of the Arms Act, 1959 in Crime No.98 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that, on 31.03.2025 at about 12:00 p.m., the respondent-police were on patrol duty near Pappachi Kottai Villakku. At that time, they noticed that the petitioner was in possession of a knife and was threatening the general public while demanding money. Hence, the case.
4. Mr.R.Balamuruganantham, learned counsel appearing for the petitioner, submits that the petitioner has nothing to do with the alleged offence, and that a false case has been foisted against the petitioner. He however submits that he is ready to abide by any conditions that may be imposed by this Court. He further submits that the petitioner has been in incarceration since 31.03.2025. Therefore, he prays for granting bail to the petitioner.
5. Per contra, Mr. K. Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioner was in possession of a knife and had threatened the general public. He further submits that 2/5
there is one previous case against the petitioner and that no one sustained any injury in the present case. He further submits that if bail is granted to the petitioner, he will cause a threat to the general public. Accordingly, he prays to dismiss this petition.
6. Heard on both sides. This Court has perused the records.
7. In view of the offence allegedly committed by the petitioner and the fact that the alleged deadly weapon has been seized by the respondent-police, this Court is of the opinion that further custody of the petitioner is not necessary for the Investigation Agency in this case. Further, the petitioner has permanent residence and deep roots in the society. Therefore, there is less possibility of absconding. Considering the same, and with a view to give one more opportunity to the petitioner to reform himself, this Court is inclined to grant an order of bail to the petitioner, however, subject to the following conditions:
(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned District Munsif cum Judicial Magistrate, Alangudi, Puthukottai District;
(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned District Munsif cum Judicial Magistrate, Alangudi, 3/5
Puthukottai District shall obtain a copy of any one of identity proofs to ensure their identity;
(iii) The petitioner shall furnish his residential address and mobile number to the learned District Munsif cum Judicial Magistrate, Alangudi, Puthukottai District; (iv) The petitioner shall appear and sign before the respondent-Police daily at 10.30 a.m., until further orders;
(v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;
(vi) The petitioner shall not commit an offence similar to the offence of he is accused, or suspected, of the commission of which he is suspected; (vii) The petitioner 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence; and (viii) On breach of any of the aforementioned conditions, learned District Munsif cum Judicial Magistrate, Alangudi, Puthukottai District, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 4/5
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 15/04/2025 / TRUE COPY / 15/04/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
tsg TO 1.The District Munsif cum Judicial Magistrate, Alangudi, Puthukottai District. 2.Do through The Chief Judicial Magistrate, Puthukottai District. 3.The Officer-in-Charge, District Prison, Puthukottai, Puthukottai District. 4.The Inspector of Police, Alangudi Police Station, Puthukottai District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.6718 of 2025 Date :15/04/2025 NBF/SAR/ (15/04/2025) 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5