Madras High CourtCRL OP(MD)/9079/2025allowed

Vijayakumar v. State Of Tamilnadu Rep By Inspector Of Police, Theni

2025-06-02Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Vijayakumar ... Petitioner/ Accused No.4 Vs The State of Tamil Nadu, Rep.By, the Inspector of Police, Devathanapatti Police Station, Theni District.

(Crime No.162 of 2025).

... Respondent/Complainant For Petitioner : M/s.S.Sathyachidambaram, Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.162 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.4, who was arrested and remanded to judicial custody on 08.05.2025 for the offences punishable under Sections 296(b), 118(1), 109

(1) and 351 (3) of BNS, 2023 in Crime No.162 of 2025 on the file of the respondent 1/5

police, seeks bail.

2. The case of the prosecution is that due to land dispute, the petitioner along with the other accused abused the defacto complainant's husband in filthy language and attacked him with deadly weapon and caused injuries. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 08.05.2025 Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that due to land dispute, the petitioner along with other accused abused the defacto complainant's husband in filthy language and attacked him with deadly weapon and caused injuries. He would further submit that a counter case has also been registered by the respondent police in Crime No.163 of 2025 and the injured has been discharged from the hospital. Hence, he objected to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and considering the fact that the injured has been discharged from hospital and also taking into consideration of the period of incarceration, 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 2/5

executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Periyakulam 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 furnish his residential address and mobile number to the learned Judicial Magistrate, Periyakulam. If the petitioner changes his residential address, he shall report the same to the concerned Court. [c] the petitioner shall appear and sign before the Inspector of Police, Kelamangalam Police Station, Krishnagiri District daily twice at 10.30 a.m. and 5.30 p.m., until further orders.

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

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

sd/- 02/06/2025 / TRUE COPY / 03/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

mac TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE OFFICER INCHARGE, SUB JAIL, THENI.

4 THE SUB-INSPECTOR OF POLICE, THENI, DEVATHANAPATTI POLICE STATION, THENI DISTRICT.

5 THE INSPECTOR OF POLICE, KELAMANGALAM POLICE STATION, KRISHNAGIRI DISTRICT. 6 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9079 of 2025 Date :02/06/2025 4/5

NBF/03.06.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5