Vignesh v. State Of Tamilnadu Rep By Inspector Of Police, Idol Wing
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.06.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI CRL OP(MD). Nos.10799, 10804 and 11009 of 2025 1.Vignesh 2.Vetrivel ... Petitioners in CrlOP(MD) No.10799 of 2025 S.Prathap ... Petitioner in CrlOP(MD) No.10804 of 2025 Thanga Satheesh @ Thanga Sathish ... Petitioner in CrlOP(MD) No.11009 of 2025 Vs The State rep. by The Inspector of Police, IDOL Wing Police Station, Chennai.
(Crime No.3 of 2025) ... Respondent in all the petitions For Petitioners : Mr.P.Pethu Rajesh, Advocate in CrlOP(MD)No.10799 of 2025 : Mr.M.Pandian, Advocate in CrlOP(MD)Nos.10804 and 11009 of 2025 1/6
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) in all the petitions PETITIONS FOR BAIL Under Section 483 B.N.S.S. COMMON PRAYER :- For Bail in Crime No.3 of 2025 on the file of the Respondent police. COMMON ORDER : The Court made the following order :- The petitioners / Accused Nos.3, 4, 1 and 2, who were arrested and remanded to judicial custody on 15.05.2025, 15.05.2025, 14.05.2025 and 15.05.2025 respectively for the offences punishable under Sections 331(4), 305(a), 317(2), 317(5) and 61(2) BNS, 2023 and Section 35(1)(e) BNSS, 2023 in Crime No.3 of 2025 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners along with other accused had stolen the idol and kept the same in their custody for the purpose of selling it to earn huge money. Hence, the case.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution and that the petitioners are no way connected with the case, a false case has been lodged as against them. The petitioners are ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner are in custody nearly 45 days. Hence, he seeks bail. 2/6
4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the accused had stolen amman brass idol from one Kannan and transport the same in the first accused's car and the properties were recovered by the respondent police. He would fairly concede that the petitioners are not having any previous cases. However, he objected to grant bail to the petitioners.
5. The learned counsel appearing for the petitioner in Crl.O.P.(MD)No.10804 of 2025 would submit that in the petition, they have wrongly mentioned that the petitioner is confined at Central Prison, Palayamkottai instead of District Jail, Virudhunagar.
6. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that now the case is pending before the Inspector of Police, IDOL wing CID, Tirunelveli Range.
7. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the entire properties have already been recovered and investigation might have been completed by this time and also the fact that the petitioners remanded into judicial custody nearly 45 days, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the following conditions:
8. Accordingly, the petitioners are ordered to be released on bail on executing 3/6
a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of the Additional Chief Judicial Magistrate Court, Madurai 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 petitioners shall furnish their residential address and contact number to the Additional Chief Judicial Magistrate Court, Madurai. If the petitioners change their residential address, they shall report the same to the Additional Chief Judicial Magistrate Court, Madurai;
[c] the petitioners shall stay at Tirunelveli and appear and sign before the Inspector of Police, IDOL Wing CID, Tirunelveli Range daily two times at 10.00 a.m. and 05.00 p.m., until further orders;
[d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail 4/6
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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 30/06/2025 / TRUE COPY / 30/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
csm TO 1 THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, MADURAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR. 4 THE OFFICER INCHARGE, SUB JAIL, VIRUDHUNAGAR. 5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.
6 THE INSPECTOR OF POLICE, IDOL WING, IDOL WING POLICE STATION CHENNAI.
7 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.P.PETHU RAJESH, Advocate ( SR-6905[I] dated 30/06/2025 ) 5/6
ORDER
IN CRL OP(MD). Nos.10799, 10804 and 11009 of 2025 Date :30/06/2025 NBF/30.06.2025 6P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6