Vijay Vengadesh @ Viji Venkatesh v. State Of Tamilnadu Rep By Inspector Of Police, Karaikudi North

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Vijay Vengadesh @ Viji Venkatesh, S/o.Siva, Door No.5, Chokkalingam Street, N.Pudur, Senjai, Karaikudi Taluk, Sivagangai District.

..Petitioner/ Accused No.3 Vs The State of Tamilnadu rep.by The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

(Crime No.103 of 2025) .. Respondent/Complainant For Petitioner : Mr.A.Balaji 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.103 of 2025 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioner / Accused No.3, who was arrested and remanded to judicial custody on 07.05.2025 for the offences punishable under Sections 126(2), 296(b), 351

(3) of BNS, 2023 altered into Sections 126(2), 296(b), 351(3) of BNS, 2023 and 25(1A) of Arms Act in Crime No.103 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that On 20.01.2025 at about 08.25p.m. the first accused and other accused persons waylaid the defacto-complainant and enquired about his brother using filthy language and threatened him with dire consequences. Further, the accused persons have created ruckus in front of the defactocomplainant's house as threatened him by showing knife. Hence, the case.

3. The learned counsel for the petitioner would submit that due to previous enmity, the defacto-complainant lodged a false complaint against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. In this case, nobody injured at the time of occurrence. 2/6

Already the co-accused were arrested and subsequently released on bail. The petitioner is ready and willing to abide and conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 07.05.2025 nearly 39 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that due to previous enmity, on 20.01.2025, the accused persons have created ruckus in-front of the defacto-complainant's house and threatened him with dire consequences by showing knife. In this case, totally there are four accused, this petitioner was arrayed as Accused No.3. The Accused Nos.1, 2 and 4 were already arrested and subsequently released on bail. This petitioner is having 21 previous cases. Hence, he strongly objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, the co-accused were already enlarged on bail, the petitioner/accused No.3 remanded into judicial custody on 07.05.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions: 3/6

6. Accordingly, the petitioner is ordered to be released on bail on 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 Judicial Magistrate, Karaikudi 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 Judicial Magistrate, Karaikudi. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Karaikudi; [c] the petitioner shall appear and sign before the respondent police daily twice at 10.30 a.m. and 05.30p.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 4/6

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

sd/- 16/06/2025 / TRUE COPY / 16 /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO

1. THE JUDICIAL MAGISTRATE, KARAIKUDI

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

3. THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.

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4. THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.A.BALAJI, Advocate ( SR-6319[I] dated 16/06/2025 )

ORDER

IN CRL OP(MD) No.9955 of 2025 Date :16/06/2025 HPS/16.06.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6